Assault with a Weapon

Many people think of a weapon as a gun or a knife but under the Code any implement used to threaten harm or inflict injury falls into this classification. Section 2 defines weapons as “anything used, designed to be used or intended for use (a) in causing death or injury to any person, or (b) for the purpose of threatening or intimidating any person, and … anything used, designed to be used or intended for use in binding or tying up a person against their will.”

A weapon can include a shovel, a frying pan or even a snowball. If you use it or threaten to use it, you can be charged.

The mere act of threatening to harm someone with a weapon or an imitation weapon could find you in a courtroom facing a trial that can leave you imprisoned with a criminal record The Code states a person can be charged if he “carries, uses or threatens to use a weapon or an imitation thereof.” So, for example, if you rob someone at gunpoint, the weapon does not have to be fired for you to be charged with assault with a weapon.

Although the charge of assault can be complex depending on the circumstances, the burden to gain a conviction is quite simple. The Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. must prove three things beyond a reasonable doubtThe standard that must be exceeded to find someone guilty: 

1. that you applied force to someone;
2. the victim did not consentVoluntary agreement to engage in an sexual act to that force; and
3. the force was applied intentionally.

The Crown does not have to prove there was intent to maim, wound or disfigure, only that there was an intent to cause bodily harm. 

A defence lawyer may argue that police exceeded their powers and your rights under the Canadian Charter of Rights and Freedoms during your arrest You have the right to be free from unreasonable police searches. You also have the right to a lawyer. These rights can impact your case.

Assault with a weapon is a hybrid offenceAn offence the Crown can proceed with summarily or by indictment. and the Crown will decide how to proceed with your case. Under the Criminal Code those facing this charge can either be found guilty of an indictable offenceA more serious type of Canadian criminal offence. and liable to imprisonment or an offence punishable on summary convictionUsed for lesser offences on lower sentencing guidelines.

When deciding whether to proceed summarily or by indictment the Crown will consider such factors as the seriousness of the allegations and your prior criminal record.

If you are convicted of assault with a weapon the sentence will be much harsher than those found guilty of basic assault. You could face a prison term of up to 10 years You may also be asked to give a sample to the national DNA databank. A lifetime ban on owning any weapons may also be imposed by the judge. You could be looking at a maximum penalty of two years less a day in jail if the charge is treated as a summary offence.