According to Section 266 of the Criminal Code of Canada, Assault is when a person applies intentional force on another person, indirectly or directly. However, where the Assault either: (1) is committed with a weapon; (2) results in bodily harm, regardless of whether a weapon was used; or (3) involves choking, the Assault becomes an Assault With a Weapon or Assault Causing Bodily Harm under section 267 of the Criminal Code of Canada. This is a more serious offence than simple Assault.
Weapon Assault Lawyer in Brampton
Criminal Code of Canada – Definition of Assault With a Weapon or Assault Causing Bodily Harm
Section 267 of the Criminal Code of Canada Defines Assault With a Weapon or Causing Bodily Harm as:
Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, in committing an Assault,
- carries, uses or threatens to use a weapon or an imitation thereof,
- causes bodily harm to the complainant, or
- chokes, suffocates or strangles the complainant.
A weapon can be anything that is designed to be used or intended to be used to cause death or injury to a person or to threaten or intimidate a person. This includes imitation weapons, such as BB guns. For example, in R. v. Almeda-Rodriguez,  O.J. No. 905, the accused used an imitation firearm against the complainant in broad daylight on a busy street. The fact that the weapon used was not a real firearm did not diminish the accused’s moral blameworthiness during his sentencing hearing. Even if a person does not actually have a weapon at the time, they can be charged with Assault With a Weapon if they threatened to use a weapon. Similarly, a person can be charged with Assault With a Weapon even if they do not actually use the weapon to hurt the complainant; so long as there is a threat to use the weapon, this may be sufficient for a charge. For example, in R. v. Mateo-Asencio,  O.J. No. 92, the act of posing in a “batter’s stance” with a baseball bat satisfied the physical element of Assault With a Weapon. However, just like simple Assault, “Self-defence” is available for Assault With a Weapon or Assault Causing Bodily Harm. In R. v. Mateo-Asencio,  O.J. No. 92, the brandishing of the bat, despite constituting an Assault With a Weapon, was held to be validly in self-defence as a response to aggressive behaviour from the complainant, including poking the accused’s chest and instigating a fight.
Bodily harm is defined as any injury that interferes with the health or comfort of a person and is more than transient or trifling in nature. ‘Transient or trifling in nature’ is taken to be a short amount of time and very minimal injury. Bodily harm can also include psychological harm that interferes in any way with the physical or psychological integrity, health or well-being of the complainant.
Why you should hire Passi & Patel – Criminal Lawyers for your Assault-related charges
Assault With a Weapon or Assault Causing Bodily Harm is a hybrid offence which means that the prosecutor can elect to proceed in one of two ways: summarily (less serious consequences); or by indictment (more serious consequences).
If you are charged with Assault With a Weapon or Assault Causing Bodily Harm, you could face up to 10 years’ in jail. This is a more serious offence than Simple Assault, which only carries a maximum penalty of 5 years. At Passi & Patel – Criminal Lawyers, we understand that being charged with one of the above noted offences have a significant impact on your life. We have experienced lawyers who know are willing to listen and ensure that you get the best defence possible. If you are charged with Assault With a Weapon or Assault Causing Bodily Harm, call us now for a consultation at (905) 459-0004.
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