Assault with a Weapon
The lawyers at Stern Shapray have extensive experience representing clients charged with Assault with a Weapon and reaching favourable outcomes for them. It is vital that one charged with this offence seeks out the legal advice of an experienced criminal lawyer in order to put forth the best possible defence(s) before the Court or pursue alternate ways to resolve the matter without going to trial.
When assessing whether to hire a lawyer when charged, it is important to first be aware of the legal consequences in the event one is found guilty of Assault with a Weapon.
There is no statutory minimum sentence the accused will be subjected to if found guilty. If the charge is prosecuted summarily, the maximum jail sentence an accused can receive is 2 years less a day, with or without a fine of $5000. If the charge is prosecuted by indictment, the maximum jail sentence an accused can receive is 10 years.
Less extreme forms of sentence are available under both summary and indictable proceedings, such as absolute discharge, suspended sentence, fine with or without probation, and intermittent sentence. A conditional sentence is available under summary but not indictable proceedings. That being said, the ultimate sentence imposed on an accused will largely depend on the circumstances of the case.
Elements of Assault with a Weapon
For an accused to be found guilty of Assault with a Weapon, the Court must be satisfied beyond a reasonable doubt that each of the following requirements has been met:
- The accused committed an "assault", as defined under s. 265(1)(a), (b) or (c) of the Criminal Code (please refer to our section titled "Assault (Simpliciter)" and the applicable elements), and
- The accused carried, used, or threatened to use a weapon or an imitation weapon.
There are various ways in which charges of Assault with a Weapon can be defended, ideally by raising a reasonable doubt toward one or more of the required elements:
- identity of the accused,
- whether or not the alleged conduct met the definition of “assault” under s. 265(1)(a), (b), or (c) of the Criminal Code (please refer to our section titled “Assault (Simpliciter)” and the applicable defences),
- whether or not the accused carried, used, or threatened to use a weapon or an imitation weapon,
- whether or not the alleged conduct was by accident and not intentional,
- whether the accused acted in self-defence, and
- the truthfulness of the complainant’s allegations.
For reference, the offence of Assault with a Weapon is outlined in the Criminal Code as follows:
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,
(b) causes bodily harm to the complainant, or
(c) chokes, suffocates or strangles the complainant.
Are you facing assault with a weapon charges? Are you under investigation? Speak to a Vancouver and Surrey criminal lawyer as soon as possible. We know the system. We get results. Call us immediately. The sooner you contact us, the sooner we can get started. We will defend you against these drug possession charges.
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