Andrew Captan is a Toronto Criminal Lawyer that defends individuals charged with the offence of Assault With Weapon. He offers convenient, interest-free Payment Plans for Assault with Weapons cases.
What is an Assault With Weapon?
The offence is found under s. 267 of the Criminal Code of Canada and states that “everyone who, in committing an assault, carries, uses, or threatens to use a weapon or an imitation thereof” is guilty of Assault With Weapon.
What is a “Weapon”?
Weapon is given a broad definition under s. 2 of the Criminal Code, and is defined as “any thing used, designed to be used or intended for use:
(a) in causing death or injury to any person, or
(b) for the purpose of threatening or intimidating any person.
Almost anything can be used as a weapon and, therefore, whenever there is an alleged Assault, combined with some other object or thing, the police typically lay the more serious of the two charges — namely the Assault with Weapon, rather than Common Assault.
In reviewing case law on this subject, Courts have found the following things to constitute weapons for the purpose of this offence:
- A dog;
- Cowboy boots;
- A board;
- A glass;
- A parking officer’s ticket holder;
- A car; etc
Even if an individual is found not guilty of an Assault with Weapon, they can still be found guilty of the “included” offence of Assault.
If you have been charged with an Assault With Weapon, contact Andrew Captan, an Experienced Assault with Weapon Lawyer for a free initial consultation at (647) 878 – 6355.