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.

Penalties for possession range anywhere between a maximum of six months imprisonment (plus fines) to 7 years imprisonment, depending on:

• The substance possessed;
• Whether it was a first or subsequent offence; and
• How the Crown proceeded (summary conviction or indictment).

Penalties for trafficking drugs range from a maximum punishment of 1 year imprisonment up to life imprisonment, depending on:

• The substance(s) trafficked; and
• Whether the Crown proceeded by summary conviction or indictment (Schedule I and II offences are straight indictable).

There are mandatory minimum sentences in place where any of the following factors are present:

• Violence was used or threatened during the offence;
• A weapon was carried, used, or threatened in committing the offence;
• The accused had a previous conviction for a designated substance offence;
• The offence was committed near school grounds or a public place where people under the age of 18 frequent;
• The accused committed the offence in prison; and
• The accused used the services of someone under the age of 18.

Penalties for production of drugs range from 1 year imprisonment to life imprisonment, depending on:

• The substance produced;
• How the Crown proceeded (summary conviction or indictment); and
• Whether the substance was produced for the purpose of trafficking.

The following factors are also taken into account when sentencing for the offence of production of a Schedule I or II substance:

• The person used real property that belongs to a third party in committing the offence;
• The production constituted a potential security, health, or safety hazard to persons under the age of 18 years who were in the location where the offence was committed or in the immediate area;
• The production constituted a potential public safety hazard in a residential area; or
• The person set or placed a trap, device, or other thing that is likely to cause death or bodily harm to another person in the location where the offence was committed or in the immediate area, or permitted such a trap, device, or other thing to remain or be placed in that location or area.

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.

• What Are The Potential Defences For Assault With A Weapon?

• 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.

Assault with a weapon is a criminal offence that occurs when an individual carries, uses, or threatens to use a weapon or an item that imitates a weapon during an assault. This offence is treated more seriously than simple assault due to the involvement of a weapon, which increases the potential for harm. The penalties for assault with a weapon can include imprisonment, fines, and a criminal record, depending on the circumstances of the case and the severity of the offence.