Canada has strict laws in place that govern the use, possession ownership, purchase, sale, storage and transportation of firearms and weapons. Courts take possession of a prohibited or restricted firearm very seriously. Many firearms offences carry mandatory minimum imprisonment sentences. Hiring a skilled defence lawyer with expertise relating to firearms and weapons charges can have a significant impact on the way in which the criminal matter proceeds through the courts. Being charged with weapons and firearms offences must be taken seriously, as the charges can have significant impacts on one’s personal and professional life.
Milton Firearms & Weapons Charges Lawyer
What is a Weapon?
A Weapon is defined in S. 2 of the Criminal Code of Canada as, “anything 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.”
A Prohibited Weapon is defined as, “(a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife or, (b) any weapon, other than a firearm that is prescribed to be a prohibited weapon..” For example, prohibited weapons include, automatic weapons; semi-automatic weapons; and, handguns with a barrel length of less than 105 mm.
A Firearm is defined as, “barreled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barreled weapon and anything that can be adapted for use as a firearm” (S. 2 of the Criminal Code of Canada).
What is Possession?
Possession is defined in S. 4(3) of the Criminal Code of Canada. This section states that a person has anything in his possession when he has it in his personal possession or knowingly, has it in the possession or custody of another person. Possession requires some degree of control over the subject and a general understanding/knowledge of the nature of the subject. There are three types of possession: (1) personal possession, (2) constructive possession, and (3) joint possession. Personal possession is having the object in question in your actual physical personal possession. Constructive possession is having the subject in question in a place; the place does not need to be owned or occupied by the accused, for the benefit of himself or another. Joint possession is when two or more people have knowledge of the subject in question, in either of their custody; in this case, the subject will be deemed to be in the possession of both parties.
Weapons & Firearm Offences
At Passi and Patel, we handle a wide range of weapon and firearms offences, including:
- Use of a Firearm in the Commission of an Offence (S. 85 of the Criminal Code)
- Careless Use of a Firearm (S. 86 of the Criminal Code)
- Pointing a Firearm (S. 87 of the Criminal Code)
- Possession of a Weapon for a Dangerous Purpose (S. 88 of the Criminal Code)
- Carrying a Concealed Weapon (S. 90 of the Criminal Code)
- Unauthorized Possession of a Firearm (S. 91 of the Criminal Code)
- Possession of Firearm Knowing it is Unauthorized (S. 92 of the Criminal Code)
- Possession of a Restricted or Prohibited Firearm (S. 95 of the Criminal Code)
- Weapons Trafficking (S. 99 of the Criminal Code)
- Tampering with a Serial Number (S. 108 of the Criminal Code)
- Possession of a Weapon Contrary to an Order (S. 117.01 of the Criminal Code)
- Assault with a Weapon (S. 267 of the Criminal Code)
- Sexual Assault with a Weapon (S. 272 of the Criminal Code)
Why Retain Passi & Patel Criminal Lawyers?
If you, a friend or a loved one, are charged with any weapons or firearm offences, our Milton criminal lawyers are here to assist you. Being found guilty of weapons or firearms offences has serious repercussions such as, jail time; travel restrictions; a criminal record; and, potential negative impacts on career prospects. Firearms and weapons offences carry mandatory minimum jail sentences. Sentences can range from 6 months to 10 years. Being found guilty of a second and subsequent offence increases potential incarceration sentences.
There are specialized Crown Attorneys that prosecute weapons and firearms offences. The consequences of being found guilty of weapons and firearms offences are long-lasting, if not permanent. We, at Passi & Patel, have the experience, and knowledge to provide effective and thorough representation for those charged with weapons and firearms offences. Our Milton criminal lawyers will take all the necessary steps to obtain the best possible result.
Contact Passi & Patel Criminal Lawyers today to get the process started with a no-obligation consultation.
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