Weapons Offences & Assault With A Weapon

Weapons Offences & Assault With A Weapon

You need the best possible outcome from a weapons offence because the penalty for assault with a weapon is imprisonment for a term not exceeding 10 years if found guilty of an indictable offence or imprisonment for a term not exceeding 18 months or a $5,000 fine on summary conviction.

For possession, you risk getting a maximum term not exceeding 10 years for an indictable offence and a minimum 3 years for a first case offence or 5 years for a second or subsequent offence or a maximum 1-year jail term or a $5,000 fine if found guilty of an offence punishable on summary conviction.

Understanding Weapons Offences & How To Beat Charges

In Canada, assault with a weapon is a criminal offence under section 267(a) of the Criminal Code. The law describes someone who has committed assault with a weapon as, “Everyone who, in committing an assault, carries, uses or threatens to use a weapon or an imitation thereof, or causes bodily harm to the complainant.”

Other than assault with a weapon, there are several other weapons offences in Canada. One such is possession of a restricted or prohibited firearm with ammunition which is found in section 95 of the Criminal Code. Other weapons offences under Part III of the Criminal Code are the use of a firearm in the commission of an offence, unsafe storage of a firearm, pointing a firearm, possession of a weapon for a dangerous purpose, and carrying a concealed weapon. Others are unauthorized possession of a firearm, weapons trafficking, and possession of a weapon contrary to an order.

If you have been charged, or are being charged with a weapons offence, you should hire a criminal defence lawyer Toronto to explain your rights and to put up a defence. At Costa Law Firm, we have unparalleled expertise in criminal law litigation, including weapons offences. We have enjoyed success in different levels of the court system from Ontario Court of Justice all the way to the Ontario Court of Appeals.

You need the best possible outcome from a weapons offence because the penalty for assault with a weapon is imprisonment for a term not exceeding 10 years if found guilty of an indictable offence or imprisonment for a term not exceeding 18 months or a $5,000 fine on summary conviction.

For possession, you risk getting a maximum term not exceeding 10 years for an indictable offence and a minimum 3 years for a first case offence or 5 years for a second or subsequent offence or a maximum 1-year jail term or a $5,000 fine if found guilty of an offence punishable on summary conviction.

If you have been charged, or are being charged with a weapons offence, you should hire a criminal defence lawyer Toronto to explain your rights and to put up a defence. At Costa Law Firm, we have unparalleled expertise in criminal law litigation, including weapons offences. We have enjoyed success in different levels of the court system from Ontario Court of Justice all the way to the Ontario Court of Appeals.

Got A Case? Need Legal Help?

What Is A Weapon Under Canadian Law?

The Canadian Criminal Code defines a weapon as, “Anything used, designed to be used or intended for use in causing death or injury to any person” and “Anything used, designed to be used or intended for use for the purpose of threatening or intimidating any person.” This means we have obvious weapons like guns, clubs, and knives and less obvious ones like striking a person with a snowball or a book.

Our Defence

Our firm has represented hundreds of clients in weapons offences. Other than arguing your case in trial and attempting an out of court agreement, we also look to have charges dismissed on such factors as.

Weapons being discovered through an illegal search or detention, in which case we will argue that it should be excluded from evidence during the trial.

Lawful reasons explaining procession of the weapon (such as for self-defense or work)

Arguing “Consent” in an assault simpliciter charge such as in some sporting events and following minor contact with a not-so-serious “weapon.”

Other than prison time and fines, being convicted of a weapons offence also means your employment prospects will be negatively impacted, as will your travel plans, relationships, and other aspects of your life.

Call us today on 416-535-6329 for a consultation with a criminal lawyer Toronto.

What Is A Weapon Under Canadian Law?

The Canadian Criminal Code defines a weapon as, “Anything used, designed to be used or intended for use in causing death or injury to any person” and “Anything used, designed to be used or intended for use for the purpose of threatening or intimidating any person.” This means we have obvious weapons like guns, clubs, and knives and less obvious ones like striking a person with a snowball or a book.

Our Defence

Our firm has represented hundreds of clients in weapons offences. Other than arguing your case in trial and attempting an out of court agreement, we also look to have charges dismissed on such factors as.

Weapons being discovered through an illegal search or detention, in which case we will argue that it should be excluded from evidence during the trial.

Lawful reasons explaining procession of the weapon (such as for self-defense or work)

Arguing “Consent” in an assault simpliciter charge such as in some sporting events and following minor contact with a not-so-serious “weapon.”

Weapons Offences & Assault With A Weapon

Other than prison time and fines, being convicted of a weapons offence also means your employment prospects will be negatively impacted, as will your travel plans, relationships, and other aspects of your life.

Call us today on 416-535-6329 for a consultation with a criminal lawyer Toronto.

Testimonials

What our clients are saying.

If I could give David Costa more than 5 stars I would. The moment that I called him in 2015, I knew right away that he was the right person to represent my son. He gave my son a list of things to do to help his case. David replied to every email that I sent to him and answered all my questions no matter how many times I asked the same questions. He even talked to my son when he thought my son was not doing enough to get the best possible outcome. We are pleased with the outcome of the case. Excellent lawyer! Highly recommended! Definitely Toronto’s Top Lawyer!
Rusty Moore
Rusty Moore
15:55 16 Jan 19
David Costa was my brother’s defense lawyer on a first degree murder charge. I called the lawyer the moment my brother was arrested. There was absolutely no physical evidence against my brother. There were alibi witnesses and coroner evidence that he could not have killed the victim. And Mr. Costa did everything we asked him to do as our lawyer. He called the alibi witnesses, he made sure all evidences are preserved, he hired a PI and did an investigation of his own. He did everything he could to save my brother from jail. Our whole family is grateful to David Costa for his knowledge, experience, support and strong motivation. David is a very good man.
Jeffrey Wen
Jeffrey Wen
02:34 27 Nov 18
The charges I had were dismissed, however along the way I spoke to a couple lawyers. I stuck with David because I could tell he had a level of knowledge others didn’t. He also was always very quick to get back to me. If I ever need a lawyer in the future it will be David for sure and I also recommend him to anyone needing legal assistance.
James Obryant
James Obryant
17:02 15 Jan 19
The best adoption lawyer in Toronto! David Costa walked us through everything, and was with us every second on the big day! We did not have many face to face meetings, as he communicates very well via email. This is definitely a lawyer who takes his time to do it correctly. We honestly can’t thank him enough!
Ruth Bowen
Ruth Bowen
02:34 13 Jan 19
Mr. Costa is a great lawyer. He is a professional who always answered my calls/emails promptly and kept me informed on the latest information regarding my case. I am happy with the outcome and I recommend him to anyone who needs a defense lawyer.
Frank Elliott
Frank Elliott
06:28 13 Jan 19
From my experience, as a client and referring clients to Costa Law Firm keeps satisfying me and referred family, friends, and business contacts. They are easy to reach, easy to talk to, and make what can be a complex legal system very manageable .
Benji Teixeira
Benji Teixeira
17:41 09 Apr 19
Excellent lawyer with great work ethics, professionalism, knowledge and understanding. I hired him to represent me for traffic violation. He explained me everything about the case and expected outcomes. He studied my case in detail and in the end got the case dismissed. Highly recommended.
Willie Sweeney
Willie Sweeney
16:47 05 Jan 19
My family and I are grateful for the positive experience we had with Costa Law firm. Kowlasar Misir, our Lawyer was extremely honest, thorough and trusting through out the entire process of our family case. We had the pleasure of meeting with Kowlasar for a second time recently and again the help and understanding surpassed my expectations.
Tania E
Tania E
15:14 28 Aug 19
Mr. Costa was a great help with my custody case. He walked me through the process step-by-step and gave me some useful tips. I am relieved now that I got a full custody of my daughter. Back than I was quite shaken by the circumstances and his confidence really was just what I needed.
Jeanne Axy
Jeanne Axy
03:25 15 Sep 19
Back in 2017, my nephew was accused of a fraud over $5000, he was only 19 and my family felt horrible for him. Costa Law did everything to defend him and was able to help him. We are very grateful to David and his team and strongly recommend them.
Katie Quirk
Katie Quirk
12:12 17 Sep 19
David was handling my DUI case and I could not be more grateful. I gave him a call right after I got arrested, he calmed me down and gave me an action plan. I don’t know how things would turn out if I would go with another lawyer. This guy is worth every penny spent on his services.
Clyde Wiley
Clyde Wiley
09:05 19 Sep 19
Costa Law was incredible experience from day one. Very intelligent, compassionate and accessible team, I felt like they actually cared about my case.  I strongly recommend them for criminal defence cases (speaking from personal experience).
Mary Schmitt
Mary Schmitt
04:30 26 Sep 19
Back in 2009 I was a troublesome young man and managed to get a criminal record. Time have passed and I changed, but my record remained as a reminder of my past, reminder that made my life more difficult than needed.  I was referred to David Costa by one of my friends who also had a similar experience. He helped me to get a pardon and today my record is clean. I feel like that weight is finally off my shoulders.
William Palmisano
William Palmisano
03:11 27 Sep 19
Thanks to these guys I was able to close the deal on my dream house! I can’t stop braging about Costa Law, they are an amazing team and deserve all the credit.
Freddy Bishop
Freddy Bishop
02:46 09 Oct 19
My son was arrested for possession of Schedule 1 drug back in January. I was completely mortified. David did an amazing job minimizing penalties, he was there for our family throughout the whole process. I strongly recommend Costa Law to anyone who needs help to deal with criminal charges.
Nicolas Lane
Nicolas Lane
07:50 12 Oct 19
David is so on point! He worked on my criminal defence case, great guy and great outcome. Would give him 10 stars if I could.
Gillian Smith
Gillian Smith
08:50 29 Oct 19
David worked on my sister in law sponsorship application. She is from Bulgaria and the immigration process from that country to Canada is pretty complex. My brother told us David was always reachable, answered every question they had and most importantly, my sister in law is now in Canada with us!
Karen Gallo
Karen Gallo
08:42 08 Nov 19
Weapons Offences & Assault With A Weapon

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