What is Assault with a Weapon?
Assault with a Weapon (s. 267 of the Criminal Code) occurs when an individual “carries, uses or threatens to use a weapon or an imitation thereof” while committing a Criminal Assault (an application of force to another person without his/her consent).
Assault with a Weapon may apply even where the “weapon” is not real. The fact that the gun was fake or not loaded is immaterial. Furthermore, a “weapon” can be any object used or intended to be used to injure or threaten a person. Even a pencil could be considered to be a weapon if it were used to injure or threaten someone.
It is not necessary that actual physical contact occur. You can be charged with Assault with a Weapon if you interact with someone in a threatening way while openly carrying or wearing a real or imitation weapon.
What is the Potential Sentence if you are Convicted of Assault with a Weapon?
Assault with a Weapon is a hybrid offence, meaning that the Crown attorney will choose whether to prosecute your charge as a summary (less serious) or an indictable (more serious) offence. The maximum sentence is 10 years on indictment or 18 months on summary conviction.
How Can DUVADIE Law defend your Charge of Assault with a Weapon?
DUVADIE Law will vigorously question the Crown attorney’s evidence and draw the court’s attention to any gaps and inconsistencies. Depending upon the circumstances, it may be possible to point out that different witnesses provided different accounts of what happened or to question eyewitnesses’ ability to identify you as the individual who committed the offence.
We will also explore any legal defences available to you. Some defences that could apply to a charge of Assault with a Weapon include:
- defence of another person; and/or
- defence of property.
There are many ways of defending against a charge of Assault with a Weapon or arguing for a reduced sentence.
Please consult DUVADIE Law to discuss all the options that may be available to you. Call (613) 422-1155 or Toll-Free 1 (855) 422-1155 to set up your free 30-minute consultation.