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Assault With A Weapon
In section 267 of Canadian criminal code, the offence of assault with a weapon is defined as a crime where any person committing an assault while carrying, using or threatening to use a weapon or an imitation thereof, or causes bodily harm to another person.
As in other assault cases, a charge of assault with a weapon will usually be charged alongside cases of kidnapping, rape or assaulting a police officer.
Weapon Assault Lawyer
A weapon is defined as anything that was used, designed to be used or intended for use to injure or kill, threaten or intimidate another person. It does not matter if injuries sustained during an assault were caused by the weapon, but that the assaulter was in possession of the weapon. A weapon can be any object be it a phone, stick or gun.
Bodily Harm Assault Lawyer
This is defined as any hurt or injury to a person that interferes with the health or comfort of the person where that injury or discomfort is not transient or trifling in nature. Nature or trifling means so minor as not to have any effect.
Trial For Assault With A Weapon
This crime is charged with a hybrid offense. The severity of the charge depends on the extent of the injuries suffered. This crime is also commonly charged in other cases involving violent kidnapping, domestic assault, and attempted murder and resisting arrest. The severity of crimes charged differ in severity depending on the extent of harm caused
- Assault with a deadly weapon
- Aggravated assault which involves wounding, scarring, maiming that may also involve rape, robbery, and intent to kill
- Attempted murder
- Manslaughter where death is caused without intent
Penalties For Assault With A Weapon
In the case where the prosecutor proceeds summarily, the maximum penalty for assault with a weapon is 18 months’ jail time. Where the prosecutor proceeds through an indictment, the maximum penalty is 10 years’ jail time.
Additional penalties include a combination of fines. A convicted offender is also registered in a DNA databank. Mandatory weapons forfeiture is also imposed in such a conviction.
Why You Need A Lawyer
As outlined, the penalties for assault with a weapon can be quite severe and life-changing. You need qualified and experienced counsel immediately you are apprehended and charged with this kind of offense.
An experienced criminal lawyer has the ability to advise you during interrogation. He will also represent you in a court of law to argue your defense hence raising your chances to regain freedom or get a more lenient sentence.