Weapons Offences
Assault with a Weapon

Understanding Weapons Offences and 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.

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 FREE 20-minute consultation with a criminal lawyer Toronto.

Evelyn Burnette
Evelyn Burnette
06:08 12 Mar 18
We have a family business and one day we found ourselves in a legal situation in which we felt completely overwhelmed and helpless. We quickly realized there’s a whole different world out there that we know nothing about. Reached out to David and he quickly wrapped himself around our case. We know he was working around the clock. In a matter of days, we had a solid argument. He is sharp, candid and a true professional. Not sure how an attorney can help a client ANY better. Absolutely no hesitation recommending him.
Julia Austerlitz
Julia Austerlitz
00:15 10 Mar 18
When I was looking for a divorce lawyer, the most important thing to me was finding someone who would be easy to communicate with. I was anticipating a nasty custody battle and the last thing I wanted was a lawyer who was hard to get a hold of or who didn’t make me feel like my case was a priority. David Costa and Robin Mann were exactly what I was looking for. They responded quickly to all of my emails, took all of my concerns very seriously and above all, is very knowledgeable about family law. This was such a difficult phase of my life and they helped me to get through to the end of it with the best possible outcome. I highly recommend this law firm.
Ben Valencia
Ben Valencia
12:47 09 Mar 18
Mr. Costa and his wonderful assistant couldn't have been anymore professional. It's unfortunate I had to meet them under these circumstances but I wouldn't have chosen anyone different to represent me if I could. They’ve always kept me up to date on things I needed to get done and both were available when I had questions. They are first class in my book.
Daniel Hardison
Daniel Hardison
06:56 09 Mar 18
Have utilized David's services several times over the last five years. He always is quick to respond (even when he was on vacation), knows the real estate business inside out. His expertise always gives me the confidence the deal is done right.
Kate Miller
Kate Miller
20:08 13 Dec 17
Costa Law were a tremendous help in solving my legal issues. David and his team were professional, efficient, thorough and compassionate. Everyone involved capably assisted me in understanding the issues and the possible outcomes. I could not be happier with the results and would encourage anyone needing legal help to contact them. Best law group in the town. Thanks to everyone at Costa Law!!!
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