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.
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 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.