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Delve into detailed case studies across a variety of legal practice areas, showcasing our strategic defense and successful outcomes.
If you or your loved one is charged with Assault with a Weapon, you need to hire a skilled lawyer immediately.
Compared to simple assault, assault with a weapon is a more serious crime and carries severe consequences. Even if you did not actually strike the other person, you could still be charged and face consequences. We are here to help you win the legal battle.
Kahlon Law is a recognized criminal law firm offering excellent criminal defense solutions.
In legal terms, assault is defined as the application of force against another individual without their consent. Assault with a Weapon is a broad criminal category because anything can be a weapon—a gun, knife, or any other object used with force to cause harm.
The consequence of this type of offense could be a sentence of up to ten years in prison. If you are found guilty of Assault with a Weapon, you will have a permanent criminal record that can impact your employment prospects and may even restrict your freedom to travel.
Over the years, we have successfully represented individuals accused of Assault with a Weapon. We explore every possible way to reduce the penalties or eliminate the charges completely.
As experienced criminal lawyers, we have handled several cases of Assault with a Weapon.
It is essential to hire an experienced criminal defense lawyer as soon as possible to ensure the best possible outcome for your case.
Contact us today for a consultation to discuss the unique facts surrounding your case, and let us get to work defending the allegations made against you!
Seeking guidance through legal challenges? Let us navigate the complexities together and find solutions tailored to your needs.
Assault is defined under Section 265 of Canada’s Criminal Code as the deliberate application of force against someone, either directly or indirectly, without their consent. A person can be prosecuted for assault with a deadly weapon or assault causing bodily harm under Section 267 of the Code if they:
Anyone who uses a weapon or an imitation of a weapon to knowingly exert force or threaten to apply force to someone else can be accused of assaulting that person with a weapon. Assault with a weapon might be as simple as throwing a cellphone at someone. In the case of assault causing serious bodily harm, the assault must result in physical harm to the victim. The injury must significantly interfere with the victim’s well-being or comfort.
Section 2 of the Code defines weapons as any object used, intended to be used, or designed to be used to:
Moreover, proving that the weapon was not used to inflict injury is insufficient to dismiss the criminal charges. A charge could still be made out if the Crown Attorney can establish that the accused used the weapon during the crime or intimidated the alleged victim.
Here are a few examples of weapons commonly used in cases of assault with a weapon:
Assault with a weapon is considered a hybrid offence. The Crown Attorney will decide whether the crime will be classified as a less serious summary conviction or as an indictable offence, which is more serious and carries severe consequences. The circumstances of the assault—such as the use of a weapon or the severity of the injuries inflicted—will be taken into account when making this determination. An assault with a weapon in a domestic context will likely require a bail hearing. Upon release, the individual will be subjected to certain bail conditions, such as a prohibition on contacting the victim.
Anyone convicted or found guilty of assault with a weapon can face a maximum penalty of 18 months in jail for a summary conviction. If the accused is found guilty of a more serious indictable offence, they face a maximum sentence of ten years’ imprisonment. Discuss your options with your criminal defence lawyer to determine the best possible outcome for your case. The court may be more understanding of your circumstances if you are a first-time offender. However, you can expect to receive a harsher sentence if it is not your first offence.
If the Crown prosecutor seeks a conviction, they must prove the following beyond a reasonable doubt:
Even if the victim gave their consent, public policy stipulates that using weapons in a consensual scenario is not justified in cases of assault with a weapon. As a result, “consent,” which may be a plausible defence to a simple assault allegation, will not be a viable defence in such cases.
With so many criminal defence lawyers in Toronto, you might be wondering why you should choose Kahlon Law to represent you in an assault with a weapon case. Here are a few reasons to choose us:
If you are prosecuted for assault with a weapon or assault causing bodily harm, the consequences can be life-changing. It can result in a permanent criminal record and jail time. It could also affect your reputation or lead to the rejection of your application for citizenship. To ensure you have the best possible chance of having the charges dropped or receiving a lighter sentence, contact Kahlon Law today to book your case review!
Seeking guidance through legal challenges? Let us navigate the complexities together and find solutions tailored to your needs.
Don’t leave your defence to chance! Contact a Criminal Lawyer Mississauga today.