Assault with a weapon is a serious criminal offence in Canada that carries significant consequences. Unlike simple assault, which involves the application of force without consent, assault with a weapon elevates the seriousness of the charge by introducing an object that could cause harm or intimidation. In Ontario and across the country, courts treat this offence with strict attention, and those convicted may face jail time, strict probation conditions, and a permanent criminal record. Understanding what constitutes assault with a weapon, the potential penalties, and the possible defences is critical for anyone facing this type of charge.
What Is Assault with a Weapon?
Under section 267 of the Criminal Code of Canada, a person commits assault with a weapon when they assault another individual while carrying, using, or threatening to use a weapon or an imitation of a weapon. The definition of “weapon” is broad, and it is not limited to firearms or knives. Any object that can be used to cause injury, intimidation, or death may be classified as a weapon.
Examples of weapons in assault cases include:
- Firearms, whether real or imitation
- Knives or sharp objects
- Household items such as bottles, chairs, or tools
- Vehicles used to threaten or harm someone
- Everyday objects if used in a threatening manner, such as a cellphone or rock
The wide scope of what may be considered a weapon means that even objects not traditionally viewed as dangerous can lead to an assault with a weapon charge if used improperly.
Elements the Crown Must Prove
To secure a conviction for assault with a weapon, the Crown must prove the following elements beyond a reasonable doubt:
- An assault occurred, meaning the accused applied force, attempted to apply force, or threatened force against another person without consent.
- A weapon, or imitation weapon, was carried, used, or threatened during the assault.
- The accused intended to commit the assault.
If any of these elements are not proven, the accused cannot be found guilty of the offence.
Penalties for Assault with a Weapon
The penalties for assault with a weapon depend on whether the Crown elects to proceed by summary conviction or indictment.
- Summary conviction: Maximum penalty of two years less a day in jail, fines, probation, or a combination.
- Indictable offence: Maximum penalty of up to 10 years in prison.
In addition to jail time, a conviction may result in:
- A criminal record, which can limit employment and travel opportunities
- Firearms prohibitions
- Mandatory DNA orders
- Immigration consequences for non-citizens
Because of these harsh outcomes, it is critical to approach an assault with a weapon charge with a strong legal strategy.
Aggravating Factors That Increase Severity
Certain factors can make an assault with a weapon charge more serious, leading to harsher penalties. These include:
- Using a firearm in the commission of the assault
- Assaulting a spouse, child, or vulnerable person
- Committing the offence while on probation, bail, or parole
- Causing significant physical injury to the complainant
Courts consider these factors carefully when determining sentences, as they indicate a higher risk to public safety.
Possible Defences to Assault with a Weapon
Every case is different, but several common defences can apply to an assault with a weapon charge:
- Self-defence: If the accused reasonably believed they were being threatened with force and used proportionate force to protect themselves, self-defence may be a valid argument.
- Defence of others: Similar to self-defence, this applies when force was used to protect another person from harm.
- Lack of intent: Assault requires intent. If the accused’s actions were accidental, such as dropping an object that caused injury, this may negate the charge.
- Credibility issues: If the complainant’s account is inconsistent or unreliable, the Crown’s case may weaken.
- No weapon present: If the object in question cannot reasonably be classified as a weapon, or if there is insufficient evidence it was used in a threatening way, the charge may not hold.
Assault with a Weapon vs. Aggravated Assault
It is important to distinguish assault with a weapon from aggravated assault. While both involve serious harm or the use of dangerous objects, aggravated assault under section 268 of the Criminal Code requires that the victim suffer “wounds, maiming, disfigurement, or endangerment of life.” Assault with a weapon does not require such serious physical injury, only that a weapon was used or threatened.
The Role of a Defence Lawyer
Assault with a weapon charges require a careful and strategic defence. A lawyer can:
- Review the evidence for inconsistencies or weaknesses
- Challenge the classification of the object as a weapon
- Argue self-defence or defence of others where appropriate
- Negotiate with the Crown to reduce the charge to simple assault or withdraw it entirely
- Represent the accused at trial if necessary
Having a knowledgeable defence lawyer is critical because the stakes are high, and the outcomes can affect every aspect of an accused person’s life.
Practical Advice for Those Charged
If you are charged with assault with a weapon, it is important to take immediate steps to protect yourself:
- Do not provide statements to police without legal advice.
- Collect any evidence, such as text messages or witnesses, that may support your version of events.
- Strictly comply with bail or release conditions to avoid additional charges.
- Contact a criminal defence lawyer as soon as possible.
Early action can make a significant difference in building a strong defence and mitigating potential consequences.
Contact Us for a Free Consultation
If you have been charged with assault with a weapon, you are facing one of the most serious assault-related offences in Canadian law. A conviction can have life-changing consequences, but the right defence can make a difference. Contact us now to schedule a free, confidential consultation with De Boyrie Law.
Alex is a dedicated criminal defence lawyer serving Toronto and the GTA. He has experience handling a wide range of charges including bail hearings, assault, sexual offences, drug crimes, firearms, impaired driving, and more. Known for his professionalism, availability, and strong advocacy, Alex takes pride in guiding each client with care and consistency. If you’ve been charged with a criminal offence, we offer a free consultation so you can explore your legal options with no financial risk.
