What does the Canadian criminal code say about an assault with a weapon? A case of assault, especially the truth or a baseless accusation, can make the accused suffer greatly. Without any assistance or any guidelines to find the evidence, the ordeal can be heinous. The call for lawyers is urgent, but how do they proceed?
And how should you know if they are suitable for you precisely and as a whole? In this article, you’ll find everything related to assault with a weapon or without a weapon and associated laws.
So keep reading till the end.
What is a Weapon?
Section 2 of the Criminal Code of Canada refers to a weapon as something that can cause the injury or death of a person. A gun can also be effective in threatening a person. Even if the person didn’t intend on harming the victim with the weapon, charges would follow regardless.
However, if the Court proved the use of the weapon to be invalid or that it was simply a way of threatening the victim, the charge will still be valid.
A weapon is:
- A firearm or something similar
- Clubs, shovels, bats, stones, rope, etc.
- Glass bottles
- Molotov, other explosives
- Sharp objects – like knives and pocket knives
- Anything that caused intimidation or was threatened to the victim.
Dangerous Weapon
Courts recognize a dangerous or deadly weapon as an umbrella term for anything that causes significant physical damage or mortal harm. A pillow, a golf club, shoes, canes, car stones, and pocketknives fall into that category in place of their harmless fashion.
Knives and guns fall under the “Assault with a deadly weapon” category in several countries.
Assault with a Weapon Criminal Code
Canada recognizes assault as a violent act against another, with no agreement made beforehand. Assault can be direct or implied. Section 265 of Canada’s criminal code is very explicit about the assault with a weapon definition.
267 establishes assault as a case when the victim is injured or threatened. Choking or repressing breath can also be held against the defendant.
Coercion of abuse or threats with weapons or imitations of a gun will classify the case as “assault with a weapon. It is also called a hybrid offence and can either be a simple sentence or severe.
Assault on Protected Citizens
Assault with a weapon sentence could be more severe than usual if the defendant inflicted the assault upon a protected member, such as an older person over 60 years of age, caregiver, civil staff, etc.
The sentence can go up for up to five years due to this offence. A second act can increase the jail time, while a year or two will be mandatory.
Assault with a Dangerous Weapon
In an assault that may inflict any physical damage, the victim has to prove that the victim’s injury is serious. The impairment must prove to intervene in the victim’s health to have difficulty in their daily activities.
In many states of Canada, a deadly weapon used in an assault can sentence you to five years in imprisonment. Other complications may also have to fulfill obligations, like a fine costing more than a thousand.
However, the lawyer can’t provide evidence of any usage of weapons to the court. The defendant will still receive an ordinary conviction of assault without any inclusion of a gun.
Penalty
The penalty of cases where a weapon is involved is severe. A criminal record will be on your shoulders, and on top of that, you will suffer a lengthy prison time. If the Court considers it a summary conviction, you may have to serve two years with or without an expensive fine as large as $5000.
An indictment that refers to a severe case may take you longer to get bailed, e.g., a decade or longer. With the involvement of assault with a weapon first offence, the court may also prohibit weapons usage.
Learn more about murders:
Sentence for Assault with a Weapon in Canada
Crimes involving assault with a weapon or bodily harm are hybrid offences under section 267. The maximum sentence under an indictment is 10 years in prison. The maximum sentence under a summary conviction prosecution is 18 months in prison.
| Offence(s) | Crown Election |
Maximum Penalty |
|---|---|---|
| s. 267(a) [assault with a weapon] or s. 267(b) [assault causing bodily harm] |
summary election | 18 months incarceration |
| s. 267(a) [assault with a weapon] or s. 267(b) [assault causing bodily harm] |
indictable election | 10 years incarceration |
| s. 267(a) [assault with a weapon] or s. 267(b) [assault causing bodily harm] If related to IPV and with previous conviction for IPV (s. 718.3(8)) |
indictable election | 14 years incarceration |
There is no mandatory minimum sentence for assault with a weapon. The court may give a shorter punishment, such as probation or even a peace bond, depending on the situation. Generally speaking, the degree of the sentence increases with the number of aggravating factors and the degree of injury.
What has to be Proven in Order to be Found Guilty?
The prosecutor must prove the following beyond a reasonable doubt in order to convict someone of assault with a weapon:
- Elements of simple assault and
- The accused used a weapon in committing the assault.
- The factors of simple assault.
- The accused used a weapon.
- The defendant committed an assault with the intent to kill.
- The defendant had an inappropriate, threatening approach to the victim.
Threatening someone with a weapon is also considered to be an act of assault.
What Can a Lawyer Do?
- Strive to assure a bail with nicely set-up conditions
- Help your endeavour along with the justice system for criminals
- Satisfy the necessities that the Court sets
- Aid in locating errors of the system found in the assault procedure
- Handle the Court, make deals, and guide you with the necessary steps for you
- Establish all the evidence for and against you, deduct the correct statements in court to withdraw the charges against you.
Moreover, they will strive to find more information to strengthen your defence. Further making the alleged victim seem more unreliable to make accusations. If the withdrawal of all charges isn’t possible, they will contrive to secure a summary sentence.
FAQ: Assault with a Weapon
People often get confused when they deal with an assault with a weapon. We have revived numerous queries at Criminallawyerregina.ca from our readers and people who need answers. Besides that during our research on this topic, we have seen many people are desperately searching for answers to what does the law say about the punishment for such criminal offence.
So we have made the process easier a bit by combining all those questions to a common ground and answering them at once. Check below for questions and answers from our experienced lawyers now.
What is Assault with a Weapon Called?
The assault with a Weapon meaning is a violent act done with a weapon. The court will prosecute the accused according to the bodily harm caused to the victim, either as a summary conviction or an indictable offence. The Court will order a sentence with a minimum of a year to a maximum of a few decades.
How Long Do You Go to Jail for Armed Assault?
The time may vary from one year to two or more, depending on the harm caused to the complainant. The wound should be physically disabling. Any mortal damage may assume ten years or double. Assault on senior citizens will increment the jail time to a triple or more.
What is the Punishment for Assault with a Weapon in Canada?
Canada issues the alleged accused to serve a long time in jail as punishment for assault with a weapon. From one year to 20 years, the jail time depends on the seriousness of the crime.
What are the Three Types of Assault?
Simple Assault: The accused has no weapon with them. The victim has no severe harm caused to them. Physical Assault: The accused may have used a weapon, but the harm caused to the victim is severe. Aggravated Assault: The accused has used a weapon with or without toppling tension.
What Happens If You Get Caught with a Gun in Canada?
A license is required to own and carry a gun in Canada. Hence, the police will seize the gun if you don't have a permit. Further queries will follow, such as why you are carrying a gun and so on. In some circumstances, you will have to attend a hearing at court where a fine may be issued.
Conclusion
When charged with an assault with a weapon, hiring a criminal defence lawyer is mandatory. The lawyer has to understand how to render the accused and the case with proficiency.
In addition to that, it isn’t convenient to make strategic decisions while under such duress. You can safely do the wisest thing to expect with the help of a lawyer. They can guide you with advice on your rights, so seek your advocate from day 1!
If you need any legal help about an assault with a weapon please let us help you. Call us at (306) 848-7777 or write us an email to contact@criminallawyerregina.ca containing all the difficulties you’re facing right now. Our lawyers will get in touch with you to help. You can also use our contact us form to share your problem with us.
