Milton Weapon Assault Lawyer
Using a weapon or an imitation weapon, or threatening to use one, during the course of an assault elevates a simple Assault charge to that of Assault with a Weapon. This charge is more serious than Assault. A weapon can be any object intended to be used to cause death or harm.
One does not need to apply force to another person to satisfy the ‘threat’ element of the offence. Intention to intimidate is enough to meet the threshold of Assault with a Weapon. Assault with a Weapon is a general intent offence, therefore the accused party does not need to have intended to commit an assault. The accused only needs to be reckless as to the objective foreseeability of harm with their course of conduct.
Criminal Code of Canada: Assault with a Weapon
Section 267(a) Criminal Code of Canada defines Assault with a Weapon as:
S. 267 “Every one who, in committing an assault,
(a) carries, uses or threatens to use a weapon or an imitation thereof.”
Frequently Asked Questions (FAQ’s)
What is a ‘Weapon’?
A Weapon is defined by the Criminal Code of Canada as:
S. 2 Weapon: “means any thing used, designed to be used or intended for use
(a) in causing death or injury to any person or
(b) for the purpose of threatening or intimidating any person”
Thus a Weapon could be, a firearm; knife; hammer; stick, etc. Further, the definition of a Weapon is not limited to inanimate objects; an attack dog for example, could also be considered a ‘Weapon’ under the Criminal Code of Canada. A person could also be charged with Assault with a Weapon even if they did not have a Weapon on their person at the time of the offence but threatened to use a Weapon during the course of the offence.
What is the Sentence for Assault with a Weapon?
An Assault with a Weapon charge carries with it significant consequences. Being found guilty of assault with a weapon could result in a criminal record, jail time, and could even have a collateral impact such as immigration consequences or a significant impact to one’s personal or professional life.
Assault with a Weapon is a hybrid offence. This means that the Crown Attorney can elect to try the accused summarily or by indictment. If the Crown Attorney proceeds by summary conviction, the maximum penalty is 18 months’ imprisonment or a $5,000 fine, or both. However, if the Crown Attorney proceeds by indictment, the maximum penalty is 10 years’ imprisonment. In addition to imprisonment, there are a number of Ancillary Orders that could also be imposed on the accused upon a finding of guilt, namely; DNA Orders, and Weapon Prohibition Orders.
Why Should You Retain Passi & Patel?
If you, a friend or a loved one, is charged with Assault with a Weapon, this charge must be taken very seriously. At Passi & Patel, we understand the very significant consequences and long-term repercussions that may follow a conviction for the charge of Assault with a Weapon. There are significant penalties one could face, including, 18 months’ imprisonment for a summary conviction or 10 years’ imprisonment for an indictable conviction.
Professional legal advice from criminal defence lawyers can make a significant difference in how a matter proceeds through the court. As experienced and skilled Milton criminal lawyers, we will take all the necessary steps to obtain the best possible results.
Contact Passi & Patel Criminal Lawyers today to get the process started with a no-obligation consultation.