Toronto Assault with Weapon Lawyer

Introduction

There are several types of Assault-based offence in the Criminal Code of Canada, including:

• Common Assault
• Assault with Weapon
• Assault Causing Bodily Harm
• Aggravated Assault
• Sexual Assault

This article focuses on the Assault With Weapon charges, which are commonly laid by police, and can stem from a wide variety of incidents, from domestic situations to sporting events and night clubs. 

Below are a list of important and common questions a Toronto Assault With Weapon Lawyer faces.

What is considered Assault in Toronto?

In Canada, Assault is defined as the intentional use of force against another person without their consent.

What is considered an Assault with Weapon in Toronto?

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 does a “weapon” mean in the offence of assault with 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.

Sometimes, police lay Assault with Weapon charges incorrectly. Therefore, you should review the paperwork you received from police with a Toronto Assault with Weapon Lawyer.

How serious is an Assault with Weapon charge in Toronto?

An Assault with Weapon Charge, on its face, is a serious charge. First, it’s a crime of violence. Secondly, any crime that incorporates the use or threatened use of a weapon is an aggravating feature to an offence, making the charge more serious. 

The Criminal Code of Canada stipulates that an assault with a weapon is a serious offence. This type of assault is defined as an act of aggression towards an individual or group of individuals which uses a weapon or an imitation of a weapon to inflict or threaten physical harm. This offence can range from a minor physical altercation to a lethal assault and is considered a hybrid offence in Canada, meaning that it can be dealt with as either a summary conviction or an indictable offence.

An experienced Toronto Assault with Weapon Lawyer can advise you on the severity of your particular charge(s) during a consultation.

Can I lose my status as a Permanent Resident in Canada for an Assault with Weapon Conviction?

Yes – based on a combination of provisions in the Immigration and Refugee Protection Act and the Criminal Code of Canada, a conviction for an Assault with Weapon charge would be viewed as “serious criminality” under s 36(1) of the Immigration and Refugee Protection Act, and you could be deported for the offence. 

If you are not a citizen in Canada, and are here as a student, on a work permit or even a permanent resident, being charged with an Assault with Weapon offence is serious, and you should be consulting with both an immigration lawyer and an experienced Toronto Assault with Weapon Lawyer in order to best understand your legal jeopardy.

Potential Defences to Assault with Weapon

Depending on the situation, a defence may include self-defence, defence of another, lack of intent, provocation, or lack of evidence. Your Toronto Assault with Weapon Lawyer will also be able to explain the court process and the possible outcomes of the trial. In addition to working with a lawyer, it is also important to stay informed about all of the legal developments in your case, including any new evidence that may be presented. Doing so will help you to prepare for the trial and ensure that your rights are protected.

Can you go to jail for an assault with weapon charge in Canada

Yes, in Canada you can go to jail for an assault with a weapon charge. Depending on the severity of the charge, the penalty may range from a fine to up to 10 years in prison.

Potential penalties for Assault with Weapon

The penalties for an assault with a weapon conviction vary depending on the severity of the offence and whether it is dealt with as a summary conviction or an indictable offence. For a summary conviction, the punishment can range from a maximum of 18 months in prison and/or a $5,000 fine, to a minimum of a fine of $2,000. For an indictable offence, the punishments can range from a maximum of 10 years in prison and/or a $5,000 fine, to a minimum of a $2,000 fine.

What happens if you get an Assault with Weapon charge in Ontario?

If an individual is charged with an assault with a weapon, the court process typically begins with the accused entering a plea. If the plea is not guilty, the case will proceed to a trial in which the evidence against the accused will be presented by the Crown prosecutor. The defence will then have the opportunity to present their own evidence or witnesses. Following the trial, the judge will issue a verdict based on the evidence presented. If the accused is found guilty, the judge will hand down a sentence.

Andrew Captan – Assault with Weapon Lawyer

If you’ve been charged with an Assault with Weapon offence, Andrew Captan – Criminal Lawyer offers a free and honest initial consultation for criminal cases.  You can call (647) 878-6355, e-mail him at andrew@captanlaw.com or visit HERE.