Toronto Weapons Lawyer
Introduction
There are a wide range of weapon offences in the Criminal Code of Canada. Weapons offences are considered serious crimes, and if you’ve been charged, chances are you’re searching for a Toronto Weapons Lawyer.
Andrew Captan is a Toronto Weapons Lawyer and can assist with a free consultation. This article shares general information about these types of charges, but you should always consult directly with a criminal lawyer before proceeding.
Definition of Weapon
A weapon is defined under s. 2 of the Criminal Code of Canada, which states the following:
“(W)eapon means 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”
In short, a weapon is a broad legal construct that can include a wide range of “objects” or “items”, not just objects that we typically conceive to be weapons, such as firearms, crossbows, etc.
Types of Weapons Charges
There are a wide range of weapons charges in the Criminal Code of Canada, such as:
- Assault with weapon
- Weapons dangerous
- Possession of a prohibited weapon
- Possession of a prohibited or restricted firearm
- Unauthorized possession of a firearm
- Possession of a firearm with serial number defaced
- Carless storage of a firearm
- Pointing a firearm
- Using a firearm during the commission of an offence
- Discharging a firearm with intent
- Robbery with a firearm
All of the above are very serious criminal offences. Consult with a Toronto Weapons Lawyer today if you are facing any one of them.
Punishments for Weapons Offences in Toronto
There are a wide range of punishments for weapons offences. Many of them involve “jail” as the typical outcome. For example, jail is the norm if you are charged with:
- Robbery with a firearm (or even imitation firearm)
- Using a firearm to commit an offence
- Careless use and storage of a firearm
A skilled and crafty lawyer would need to assist you to decrease or eliminate the risk of jail if you are charged with any one of these offences.
Potential Defences to Firearm Offences in Toronto
There are a range of different ways to “defend” against weapon’s charges. First, and most basically, the Crown must prove each element of the offence beyond a reasonable doubt. Failing to do so would be a defence. Other defences include the following:
- Challenging a search warrant, if the weapon was retrieved via a warrant
- Challenging the legal basis for a warrantless search via s. 8 of the Charter of Rights and Freedoms
- Challenging whether you were in “possession” of a weapon, which requires proof that you had knowledge and control of it
- Challenging the identity of the perpetrator (ie, the got the wrong person)
Consult with a Toronto Weapons Lawyer to determine which defence might be suitable to argue in your case, assuming there is one.
Andrew Captan – Toronto Weapons Lawyer
If you’ve been charged with a Weapons related offence, call an experienced Toronto Weapons Lawyer today for a FREE case review at (647) 878 – 6355 or visit his website HERE.