Assault with a Weapon

There are many assault charges that exist in the Criminal Code, and assault with a weapon is among the more serious of them. A conviction for assault with a weapon can carry a penalty of up to 10 years in jail. At Kraska Law, our team of top rated criminal defence lawyers are led by Robert Kraska, a former Federal and Provincial Crown Attorney. Robert is able to transfer the knowledge he gained as a Crown Attorney, and use that to gain an advantage defending your assault with a weapon case. Robert and his team have the knowledge to expertly guide you through the Court process, and structure the best defence for your assault with a weapon charges.

CONTACT A CRIMINAL LAWYER IMMEDIATELY IF YOU’VE BEEN CHARGED WITH ASSAULT WITH A WEAPON

It is critical to understand that if found guilty of assault with a weapon, you can receive a criminal record. A criminal record can lead to many unintended consequences, including: issues with employment, travel, deportation, or volunteering. Only a criminal lawyer with requisite courtroom expertise can offer proper advice, and ensure you represented by the best criminal lawyer for your assault with a weapon charges.

What is Assault with a Weapon?

The charge of assault with a Weapon one of the more serious forms of assault, as it involves the use of a weapon. Assault with a weapon is charged under section 267 of the Criminal Code of Canada. The definition of assault is contained in section 265 of the Criminal Code as:

Assault

265 (1) A person commits an assault when

  • without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
  • he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
  • while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

Application

(2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.

This means that in order to be found guilty of an assault with a weapon, the Crown must prove the following elements of the offence of assault. The elements required to be proven to be found guilty of assault are:

  1. The application of force to another person;
  2. Directly or indirectly; and
  3. Without that person’s consent.

Once the above has been proven, the Crown has satisfied the burden of proving an assault. The only additional element that needs to be proven for assault with a weapon, is that when the assault was committed, the person committing it carried, used, or threatened to use a weapon. The additional elements for assault with a weapon are set out below, in section 267 of the Criminal Code:

Assault with a weapon or causing bodily harm

267 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, in committing an assault,

  1. carries, uses or threatens to use a weapon or an imitation thereof,
  2. causes bodily harm to the complainant, or
  3. chokes, suffocates or strangles the complainant.

This means that an assault with a weapon is punishable by up to 10 years in jail. This increased potential penalty is what makes assault with a weapon a more serious charge than a simple assault.

What is a Weapon?

There is no limitation or category as to what can be construed as a weapon for the purposes of the charge of assault with a weapon. For the purposes of a charge of assault with a weapon, anything can constitute a weapon depending on how it is used. The definition of a weapon, in the context of assault with a weapon, is found in section 2 of the Criminal Code:

2 Weapon 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

and, without restricting the generality of the foregoing, includes a firearm and, for the purposes of sections 88, 267 and 272, any thing used, designed to be used or intended for use in binding or tying up a person against their will

This provides a very broad definition as to what can constitute a weapon when charged with assault with a weapon. A weapon does not need to be a firearm, or explosive, or a knife. Any ordinary household object can be sufficient to be a weapon for a charge of assault with a weapon, if it is used to cause harm, or to threaten or intimidate a person, in the commission of an assault. If you are charged with assault with a weapon, an experienced criminal lawyer will know these details, and ensure that your rights are protected every step of the way. 

A conviction for assault with a weapon can have a significant impact on your life. At Kraska Law our experienced criminal defence lawyers will take your will take your assault with a weapon charge seriously. This is because we know being found guilty of assault with a weapon could impact your employment, travel, volunteering, and could result in your deportation. Our team of experienced defence lawyers will strive to be the best lawyers for your assault with a weapon case, and we will strive to provide your best defence.

Assault-with-a-Weapon

How an Experienced Assault Lawyer Can Help You

Structuring a defence to a charge of assault with a weapon is a delicate process that requires careful planning. An experienced criminal defence lawyer, well versed in the laws surrounding assault with a weapon will expertly identify the issues in your case, and give you proper guidance throughout the Court process. An experienced criminal lawyer will protect and fight for your rights. 

At Kraska Law, regardless of whether you are charges with assault with a weapon, or some other offence, our primary goal is to safeguard your rights. The police, the Crown, and the Court are all there to protect the complainants in any case, but we will be there for you.

If you have been charged with assault with a weapon, you should call a lawyer for advice at the earliest possible opportunity. The police may want to interview you at the outset, it is important that you speak to an experienced criminal lawyer, so that you know your rights. The police can lie to you to encourage you to answer questions:

  • The police may say that they are just investigating, and have not yet decided to lay charges.
  • They may say that they just want to hear your side of the story.
  • The police may comment that they just want to complete their file by getting everyone’s version of events.
  • The police may try to guilt you into providing answers by suggesting that “if you were innocent, you would just tell your side of the story.”

There are all investigative tactics, employed by police to obtain evidence that can later be used to charge you with assault with a weapon, or whatever charge is being investigated. A failure to answer police questions, or provide your version of events, is not a sign of guilt, you have a right to remain silent.

An experienced criminal defence lawyer will make sure that you are aware of that right, as well as all of your other rights.  Specifically, a criminal lawyer with experience in assault with a weapon cases, will identify any potential related, but indirect, consequences of a charge for assault with a weapon, such as:

  1. Non-communication / No-contact Orders
  2. Employment consequences
  3. Travel restrictions
  4. Immigration consequences
  5. Impacts on volunteering and social activities

An experienced assault with a weapon criminal lawyer will ensure that you are informed of all of these items. At Kraska Law we are well versed in assault with a weapon cases. We will identify your specific concerns, and fight to protect your interests. We will strive to successfully negotiate the end of your assault with a weapon case at the earliest opportunity. If the Crown will not agree to a favorable negotiation, then we will fight the case at trial. In either instance, we will strive to be the best criminal lawyers for your assault with a weapon case.

Why Our Clients Choose Kraska Law

1. We Listen

At Kraska Law, you are not just another case, we care. We listen to all of our clients, keep them updated about their case, and actively work with our clients to put forth their best defence.

2. Experience

Our team boasts over 40 years of combined experience in criminal law. We have experience prosecuting and defending criminal cases. With that knowledge and experience, we’ve done it all.

3. 24/7 Open Communication

Our team is always available to help and a team member is always available to answer your questions. We encourage communication by not charging hourly or per phone call, so our clients are never pressured into deciding whether or not they should call us.

4. Free Consultation

We offer free consultations, 24/7. You cannot choose when emergencies happen, so, at Kraska Law, we are always ready to respond.

5. Flexible Payment Plans

We work with our clients to create structured payment plans that work for you.

6. Success Rate

Above all else, our clients choose us for our results. Our clients recommend us to their family and colleagues because of the results we have achieved for them. We will strive to be the best criminal defence lawyers for your case, and earn that same recommendation from you.

Contact us today to schedule your consultation with an experienced criminal lawyer for your assault with a weapon case, and start structuring your best defence immediately!