Weapon Offences
Weapon Offences
Weapon offences cover a vast category of charges contained in the Criminal Code, and they include all firearm offences. Under the Criminal Code, weapon offences are not just limited to firearm offences, or offences involving knives. Anything, if used in the proper context, can constitute a weapon for the purposes of the Criminal Code. At Kraska Law, Robert Kraska heads a team of highly experienced criminal lawyers, well versed in defending all weapon offences. Mr. Kraska is a former Federal and Provincial Crown Attorney. He made a reputation by prosecuting all drug, firearm, and weapon offences. He now uses that knowledge as an advantage to defend all weapon offences for his clients. The team of experienced criminal lawyers at Kraska Law have the knowledge to expertly guide you through the Criminal Court process, and be the best defence for your weapon offences.
IF YOU HAVE BEEN CHARGED WITH ANY FIREARM OR WEAPON OFFENCES, CALL AN EXPERIENCED CRIMINAL LAWYER AT KRASKA LAW IMMEDIATELY!
What are Weapon Offences?
Weapon offences range in seriousness, in terms of the specific charges, as well as the weapon being alleged. Some examples of weapon offences include:
- Possession of a Weapon for a Dangerous Purpose;
- Assault with a Weapon;
- Assault a Peace Officer with a Weapon;
- Sexual Assault with a Weapon;
- Careless Storage of a Firearm;
- Carrying a Concealed Weapon;
- Unauthorized Possession of a Firearm;
- Possession of an Unauthorized Firearm;
- Trafficking in Weapons;
- Importing/Exporting Firearms;
- Use of a Firearm in the Commission of an Offence;
- Pointing a Firearm;
- Discharging a Firearm with Intent to Commit an Indictable Offence; and
- Sexual Assault with a Firearm.
The above is not an exhaustive list, but serves as an example of some of the firearm and weapon offences contained within the Criminal Code. Many weapon offences are just modified versions of other offences, such as: assault with a weapon; sexual assault with a weapon, assault a peace officer with a weapon, amongst others. Every time a lesser offence includes a weapon, it is considered an aggravating factor. This means that the penalties for these weapon offences are increased, just for using or carrying a weapon while committing the lesser offence.
As a result, weapon offences carry some of the most significant penalties in the criminal code. However, this also means that the Crown Attorney does not only have to prove the existence of a weapon, they also need to prove all of the elements of the underlying offence.
What is a Weapon?
Weapon offences can arise in situations where one may not expect. This is because the Criminal Code provides a very broad definition of what constitutes a weapon. A weapon is defined in section 2 of the Criminal Code:
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 means that what constitutes a “weapon” may depend on the intention of the holder. Such a broad definition of “weapon” can allow weapon offences to take place in a wide variety of situations. For example, something as simple as throwing an olive at another person may be enough to lead to a charge of assault with a weapon. Despite the significant penalties associated with weapon offences, they are quite commonly charged.
The team of experienced criminal lawyers at Kraska Law have the knowledge and experience to defend all weapon offences. Our lawyers have experience not only as top-rated defence lawyers, but also as prosecutors. We are able to use that prosecutorial knowledge to advantage our clients’ weapon offences. Whatever weapon offences our clients are charged with, we always strive to be the best weapon offence lawyers for our clients. Only an experienced criminal lawyer, knowledgeable in weapon offences has the required courtroom expertise to guide you through your weapon offences and be your best defence. At Kraska Law, we are those lawyers.
What is a Weapon?
Firearm offences are a subset of weapon offences, and while all weapon offences are aggravating, firearm offences consistently carry some of the most serious penalties in the Criminal Code. Firearms are also defined in Section 2 of the Criminal Code as:
“Firearm” means a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm.
Firearm offences are different from other weapon offences because the Supreme Court of Canada has recognized that firearms are specifically designed to wound, kill, or maim. This means that unlike other weapon offences, with firearm offences the “intent” of the holder is not required to qualify a firearm as a weapon. Every firearm is always a weapon, regardless of the intention of the holder.
How an Experienced Weapon Offence Lawyer Can Help You
A criminal lawyer experienced in the laws surrounding weapon offences will be able to expertly guide you through the criminal justice system. Our experienced criminal lawyers know how to handle weapon offences, and will strive to provide your best defence.
You should call a lawyer for advice at the earliest possible opportunity. The police may want to interview you, to try and convince you to answer their questions. A criminal lawyer experienced in weapon offences can provide you with advice your specific situation. The police are allowed to lie to you to encourage you to answer questions:
- They may say that they are just investigating, and they are still deciding to whether to lay charges.
- They may try to convince you they just want your side of the story.
- They may try to gain your trust and compliance with small-talk about irrelevant topics, such as sports or current 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.”
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. Exercising that right cannot later be used against you.
An experienced criminal defence lawyer will make sure that you are aware of that right, as well as all of the other rights you have when charged with weapon offences. Specifically, an weapon offence lawyer will be able to identify any related, indirect consequences of being charged with weapon offences, such as:
- Employment consequences
- Travel restrictions
- Immigration consequences
An experienced weapon offence lawyer will ensure that you are informed of all of these items. At Kraska Law we are well versed in all weapon offences. We will identify your specific concerns, and fight to protect your interests. We will strive to successfully negotiate the end of your case at the earliest opportunity. If we are not able to arrive at a favorable negotiation, then we will fight the case at trial. In either instance, we will strive to be the best possible weapon offence lawyers for your 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.
Call today for your free and confidential consultation with a criminal lawyer experienced in defending all firearm and weapon offences!