Assault With a Weapon Charges in Ontario

Assault With a Weapon Charges in Ontario

Assault with a weapon is a more serious assault allegation that can expose an accused person to significant criminal consequences.

Importantly, an allegation does not necessarily have to involve a firearm or knife for police to consider laying an assault-with-a-weapon charge.

What Is Assault With a Weapon?

Section 267 of the Criminal Code addresses assault with a weapon or causing bodily harm.

A person may commit the offence where, while committing an assault, they carry, use or threaten to use a weapon or an imitation weapon.

What Can Be Considered a Weapon?

Whether an object is legally considered a weapon can depend on the object and the circumstances surrounding its possession or use.

As a result, an assault-with-a-weapon allegation is not limited to objects traditionally designed as weapons.

The way an object was allegedly used or intended to be used can become important.

Do You Have to Injure Someone?

Assault with a weapon and assault causing bodily harm are addressed within the same section of the Criminal Code, but they are distinct ways in which section 267 may apply.

The weapon allegation does not necessarily depend on proof that bodily harm occurred.

What Is the Maximum Penalty?

Section 267 is a hybrid offence.

Where prosecuted by indictment, the offence carries a maximum sentence of 10 years’ imprisonment.

That does not mean someone charged with the offence will receive that sentence. The outcome depends on the facts, prosecution, findings of the court and, following a conviction, the applicable sentencing principles.

What Evidence Is Important?

Evidence in an assault-with-a-weapon case could include:

• The alleged weapon
• Photographs
• Fingerprint or forensic evidence
• Surveillance footage
• Cellphone video
• Witness statements
• Police body-camera footage
• Text messages
• Medical evidence
• Statements made by the accused

The defence may challenge whether an assault occurred, whether the accused possessed or used the alleged object, identification, intent or other aspects of the Crown’s case.

Can Self-Defence Apply?

Self-defence may potentially apply depending on the circumstances.

Section 34 of the Criminal Code requires consideration of whether the accused reasonably believed force or a threat of force was being used, whether their actions were for the purpose of defence or protection, and whether the response was reasonable in the circumstances.

Contact LZZ Defence

Assault-with-a-weapon allegations should be taken seriously.

Lockyer Zaduk Zeeh represents individuals charged with assault and other serious criminal offences.

Contact LZZ Defence to discuss the allegations against you and your legal options.