Assault with a Weapon

Assault with a weapon explained.

Have you been charged with an assault with a weapon? The Ontario Courts take this type of criminal offense extremely seriously.

An assault charge with a weapon falls under Section 267 of the Criminal Code of Canada and states, everyone who, in committing an assault,

(a) carries, uses, or threatens to use a weapon or an imitation thereof, is found guilty.

This criminal charge is taken much more seriously than a common assault charge due to the use or threatened use of a weapon, which can cause serious bodily harm.

The absolute first step you should take after being charged with an Assault with a Weapon is talk to a lawyer. If you do not have a Criminal Lawyer and you seek one in the Toronto area, please call me Ryan Manilla, who specializes in this type of crime. I will provide you the legal advice to guide you through this challenging period in your life. I also offer payment plans and flat-fee rates with no hidden fees.

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What Is Considered a Weapon?

In the court’s eyes, many objects will be viewed as a weapon. A baseball bat, stick, knife, gun, rock, hammer, tools, brass knuckles, and the list goes on from there. If there is any doubt that a weapon was used during an assault, your criminal lawyer will raise that point during your criminal trial. It is advised that you do not try to represent yourself in criminal court as most individuals do not have the legal experience to do so. 

Punishment for Assault with a Weapon

The Canadian Criminal Sentencing for Assault with a weapon states that if found guilty for committing an assault, 

(a)carries, use of or threatens with a weapon or imitation of can be sentenced up to a term not exceeding more then ten years. 

As a first offense, you should gain a little bit of leeway with the judge when the sentence comes down if you are found guilty. If not a first offense, you can be looking at a harsher punishment.  

Defenses to Assault with Weapon

Being arrested on this charge does not automatically mean you are guilty. One common defense to this charge is known as self-defence. With self-defence, you can claim you as a person felt threatened and was afraid for your safety. You must use reasonable force and not excessive force. Your lawyer will put together a strong defense for you if this is the case. It is your lawyer’s job to raise reasonable doubt to a judge or jury that you are not guilty of this crime. 

Assault with Weapon Charges Dropped

With the help from your lawyer, your charges can be reduced to a common assault or even dropped in some cases. If this is your first or in some cases, your second charge, your lawyer may try to negotiate with the crown and have you enter a program that can see your charges withdrawn completely. 

There is also an option for what the courts call a peace bond. With a peace bond, the judge will set forth conditions, and you must follow all of these conditions; otherwise, you will be arrested and brought to jail. Many factors go into a court ruling on dropping or reducing an assault with a weapon charge, but your attorney will know how to resolve things while looking out for your best interests. 

 

Please call me today for a free consultation on your assault with a weapon charge or assault charge and I can give you the legal advice you need. 

 

Ryan Manilla at 416-320-2020.

 

Toronto Criminal Lawyer 

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