Definition: The Criminal Code of Canada (Section 267(a)) defines assault with a weapon as an assault where the accused:
Important Points:
Common Evidence:
Assault with a weapon is a hybrid offence. This means the Crown prosecutor has the discretion to proceed by either:
Summary Conviction: This is typically used for less serious cases.
Indictment: This is reserved for more serious situations with potentially harsher penalties.
Maximum Penalty:
Securing Your Release: An arrest for assault with a weapon can be incredibly stressful, and understandably, your freedom is a top concern. Our priority is to advocate fiercely for your release on bail. We’ll work tirelessly to build a strong case, demonstrating to the court that you can be trusted to abide by any conditions while your case goes through the legal system.
Fighting the Charges: Every case has unique details. We’ll work to understand your specific situation and potentially argue:
The definition is broad and depends on the circumstances. If you have any questions about whether an object might be considered a weapon, contact us immediately.
Intent matters. If there was absolutely no intent to cause harm or threaten with a weapon, we may be able to build a defence.
Not necessarily. The potential sentence depends on whether it’s a summary or indictment case, and the specific circumstances. A skilled lawyer can help you navigate these complexities and fight for the best possible outcome.
Assault with a weapon charges are serious. It’s crucial to get legal advice immediately. Contact us for a free case review to discuss your unique circumstances and begin building your defence.
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