Assault with a weapon is a serious criminal offence in Canada that involves using or threatening to use a weapon during an assault. This page provides an overview of the offence, potential penalties, and the importance of seeking legal representation if charged.
Assault with a Weapon: Criminal Code Definition
Assault with a weapon is defined under Section 267(a) of the Criminal Code.
267 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, in committing an assault,
(a) carries, uses or threatens to use a weapon or an imitation thereof
Elements of Assault with a Weapon
To prove assault with a weapon, the Crown must establish:
- The identity of the accused.
- The date and location of the incident.
- That there was intentional application of force or a threat of force.
- That a weapon was used, carried, or threatened to be used.
- That the complainant did not consent to the action.
Potential Penalties for Assault with a Weapon
Penalties for assault with a weapon can vary:
- Summary Conviction: Up to 18 months in prison.
- Indictable Offence: Up to 10 years in prison.
Click here to learn more about the potential penalties for committing assault with a weapon.
Defences Available for Assault with a Weapon
Possible defences include:
- Self-defence
- Consent
- Lack of intent
- Mistaken identity
- Fabrication or false accusation
Click here to learn more about the potential defences available for assault with a weapon charges.
Speak to an Assault Lawyer Today
A skilled criminal lawyer can provide essential guidance, challenge evidence, and develop a robust defence strategy. They ensure your rights are protected and work towards the best possible outcome for your case. Call (855) 585-1777 to receive a free consultation with an assault lawyer.
