Assault with a Weapon- Hire Toronto’s Best Criminal Defence Lawyer

If you get caught in a case where you are accused of assault with a weapon and the case is severe, the victim also has witnesses and a lawyer. Do not panic; contact the Toronto Law Firm for your best defence.

Overview

What is Assault with a Weapon

If you ever get caught in a case of assault with a weapon, you will know that Toronto’s court takes it as a grave offence. 

 

An assault that is committed using a weapon falls under section 267 of the Criminal Code of Canada and states everyone who is committing an assault, uses, carries, or threatens to use a gun is found guilty. 

 

This criminal charge is taken much more seriously than a typical assault because it involves the use of a weapon or threatens a person to use a gun, which can cause severe bodily harm. 

 

If you are facing charges of assault with a weapon, your first move should be to chat with your assault attorney near me in Toronto. If you are lawyerless and new in town, call us! We have got experts in these kinds of cases.

We will hook you up with top-notch advice and support during this challenging time.

Consequences if Get Caught and Found Guilty

Severe offences like an assault with a weapon or causing bodily harm can get you in huge trouble, and the consequences that you have to face are very severe. 

This will not only result in having a criminal record but also, you will be facing a long-term prison sentence. If the court found you guilty, you could face a maximum sentence of two years or a fine of up to $5,000. 

If the court takes severe legal actions against you, you might go to prison for up to ten years. All the penalties depend on how the court handles the case and what type of attack it is; you might also be banned from having weapons. 

They might also keep your DNA in a national database run by the RCMP, but if you can show this would be too much of an invasion of your privacy and safety, the judge might reconsider and not allow it. 

If you have hired a lawyer, he can speak up for you and stop them from keeping your DNA. If these sentences are severe, there is a possibility of a discharge and a conditional or suspended sentence, allowing you to avoid jail time. 

 

A lawyer can help you understand the sentences available and the possible defences for a case. They also allow you to avoid misunderstandings regarding the case. 

If you have decided to accept your mistake of committing the assault with a weapon, the lawyer will help you negotiate with the judge. Hence, you receive the best possible sentence in the circumstances. 

Get free consultations.

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What if Someone Gives Consent

According to public policy, in most cases, even using a weapon with consent is not allowed. If a person who gets hurt agrees to it, it is still not allowed in most situations. 

Even if a person who gets seriously hurt is allowed it, it is still not allowed in most situations. So, using ‘consent’ as a defence in such assault cases involving a weapon usually would not work. 

However, there could be a release for specific activities like sports or if the contact with the weapon was very minor and not severe. 

Arrest and Bail Procedure

When you are arrested, the police must tell you about your right to counsel. This right allows you to hire a lawyer in your defence. It is always a good idea to speak with your lawyer first to obtain legal advice before speaking with a police officer. 

Due to the serious criminal charge, you will be kept in custody, and your bail may be pending. You will be first brought in front of the judicial official within 24 hours of your arrest. 

The criminal lawyer in Toronto not only tells you what to do when interacting with the police but also starts working on your release if you are in custody. 

A lawyer can speak to the judge about what is required to secure your release and propose a bail plan. This bail plan involves one or more people called ‘sureties.’

Sureties take your responsibility if you are released into the community. They are bound to pay an amount if you do not follow the conditions on which your bail is approved. 

These kinds of assaults are violent and dangerous as they involve a weapon, so after consenting to bail, the judge may call you for a bail hearing.  

If you are denied bail, you remain in custody until your trial. Still, you can ask for bail in a Superior Court. If you hire a lawyer, the chances of your release are maximised. 

FAQs

Frequently ask questions.

Examples of assault causing bodily harm include a bloody nose, broken bones and teeth, or severe bruises.

The sentence for assault with a weapon depends on the facts; if the offence is not severe, the minimum sentence is probation or a peace bond. If the offence is severe, one can face ten years of imprisonment or a harsher punishment. 

People assault to gain power or control over others or their intimate partners.