Assault with a Weapon Lawyer Toronto

You can face serious penalties if convicted of assault with a weapon. If the Crown proceeds by indictment, the maximum punishment you can receive is 10 years imprisonment. In sentencing an accused, the court will also look at the circumstances of the offence and the relationship between the accused and the complainant. If, for example, the assault occurred in the context of a domestic relationship, this will be viewed as an aggravating factor on sentencing.

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You can apply to vary any condition of your release order (bail) with the consent of the Crown Attorney. You will need approval of the variation to be signed off by a judge or Justice of the Peace, and your original bail conditions remain in effect until you receive the signed and approved form.  There must be a justified reason for wanting to change a condition of your release order. If the court feels as though they need more information, the court may decide to hold a hearing.

If the Crown refuses to agree to a bail variation request, you can apply for a bail review by a judge of the Superior Court of Justice.

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• Factual Innocence:If the Crown is unable to prove the essential elements of the particular offence beyond a reasonable doubt, they will have failed to discharge their burden, and the accused will be acquitted.
• Accused™s Belief in Consent: The Crown must be able to prove beyond a reasonable doubt that the complainant did not consent to the assault. A defence to an assault charge may be that the assault was a consensual fight (i.e. a fight between players during a hockey game or a consensual bar fight). However, a person cannot consent to an assault where a party intended to cause bodily harm. It will be difficult to raise a consent defence where a weapon is alleged to have been used.
• Self-Defence: Self-defence is commonly invoked in assault cases. One™s actions may be justified in certain circumstances, such as where one has to protect yourself or someone else. In order to successfully argue self-defence, one must be able to demonstrate that:
  • there were reasonable grounds believe that he or others were at risk of acts of force or the threat of force;
  • the accused™s actions were committed for the purpose of defending or protecting themselves or someone else; and
  • the act committed was reasonable in the circumstances.
• Defence of Property: A person will not be guilty of an offence if they can demonstrate:
  • They have reasonable grounds to believe they are in peaceable possession of property or are acting under the authority of a person who has reasonable grounds to believe they have such possession;
  • They believe, on reasonable grounds, that someone has or is about to enter the property without authority to do so, is taking/about to take property, or has/is about to damage or destroy the property;
  • The accused™s actions were for the purpose of preventing that person from entering/taking/damaging/destroying the property; and
  • The act committed was reasonable in the circumstances.
• Violation of Charter Rights: Under the Canadian Charter of Rights and Freedoms, individuals are afforded specific rights, including:
  • the right against unreasonable search and seizure;
  • the right to not be arbitrarily detained;
  • the right to be informed promptly of the reasons for arrest;
  • the right to retain and instruct counsel without delay; and
  • the right to be tried within a reasonable time.

A successful Charter challenge may also result in a stay of proceedings, or evidence from your case being excluded.

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If the Crown proceeds by summary conviction: the maximum punishment is a fine of not more than $5000 or a term of imprisonment of not more than two years less a day, or both.

If the Crown proceeds by indictment: the maximum punishment is ten years imprisonment.

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Consent is a potential defence in an assault case. There must be an absence of consent in order for the assault to be criminal. However, the ability to consent to an assault is lost once the accused intends to cause serious bodily harm.

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Assault with a weapon is a criminal offence, where a person carries, uses, or threatens to use either a weapon or an item which imitates a weapon. View More