Common Firearm Defences?
Firearm charges can vary widely. It is crucial to consult with a knowledgeable criminal defence lawyer who can provide guidance based on the laws in your jurisdiction. Here are some common defenses that may be used in firearm-related cases:
- Lack of knowledge or possession: If you were unaware of the presence of the firearm or can demonstrate that you did not have actual or constructive possession of the weapon, it may be a defence. For example, if the firearm was found in a shared space and you can prove it belonged to someone else, it may help your defence.
- Unlawful search and seizure: If the police obtained the firearm through an unlawful search and seizure, your attorney may argue that the evidence should be excluded because it was obtained in violation of your Charter
- Charter rights violations: Violations of your Charter rights, such as arbitrary detention (section 9), rights to counsel (section 10(b)), etc, may impact the admissibility of evidence or the overall case against you.
- Self-defence or defense of others: If you can demonstrate that you used a firearm in self-defence or defence of others under reasonable belief of imminent harm, it may be a viable defence. The specific requirements and standards for claiming self-defense vary by jurisdiction.
- Necessity or duress: In rare circumstances, it may be possible to argue that possessing or using a firearm was necessary due to an immediate threat or coercion. This defence requires showing that you had no reasonable alternative and acted to prevent greater harm.
Toronto Assault Lawyers
The lawyers of Lockyer Zaduk Zeeh are experienced in defending people facing assault allegations. Lockyer Zaduk Zeeh defends assault allegations across the Toronto which includes Rexdale, Etobicoke, Mimico, New Toronto, downtown, North York, East York, and Scarborough. If you or someone you know is charged with assault, please contact us at 416-613-0416.