Expert Criminal Defense for Assault with a Weapon in Toronto
Secure your defense with a top-tier Toronto lawyer specializing in assault with a weapon case and protecting your rights with exceptional expertise and dedication.
Assault With a Weapon Explained
Are you staring down an assault with a weapon charge in Toronto? Get ready, as the justice system does not pull forces with these allegations.
This is not your normal scuffle; it is a heavyweight about categorized under Section 267 of the Assault with a Weapon criminal code. This section throws the book at anyone who:
(a) brings a weapon to the fight or even hints at using one, pinning a guilty tag on them.
Your move? Dial up a legal heavyweight. If you are in Toronto without a criminal defense lawyer in your corner, we are the people – Kazandji Law.
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What is the Penalty for Assault with a Weapon
Did you know that under the Assault with a Weapon Criminal Code in Canada, you could be looking at up to a decade behind bars? That’s right, 10 whole years! But it is not just about the time in jail. There are other routes this charge can take, like probation or fines. Sometimes, you might even get lucky, and they will drop the charges.
What is Considered as Weapon
Under the Criminal Code, section 2 spells out that anything that is wielded, crafted, or even thought of being used for the following reasons falls under the ‘weapon’ category:
- Causing harm or even waving goodbye to someone’s life (yikes!), or
- Putting the scars into someone.
Even if the weapon did not actually do the damage, it does not let you off the hook. The key point? If it is proven that the weapon was part of the crime scene or even just used to scare the living daylights out of someone, you are still in hot water.
So, what’s in the weapon lineup?
- Guns and their look-alikes
- Clubs, shovels
- Your everyday beer bottles
- Sharp and pointy stuff, like knives (classic but terrifying);
- Anything that can make someone wish they were anywhere else.
How serious is an Assault with Weapon charge in Toronto
Imagine you are chilling in Toronto, and suddenly, you are hit with an assault with a deadly weapon Canada charge. That is no joke. First, it is violent. Also, when a weapon enters the scene, it is like adding fuel to the fire, making things way more intense.
According to the Criminal Code of Canada, waving a weapon around or even faking it during an assault is seriously bad news.
This kind of assault is not just a simple scuffle; it can escalate from just a bruise to something that might land you in the hospital. In Canada, it’s a hybrid offense, it can change from a summary conviction to an indictable offense, depending on how serious it is.
Assault Cases Solved
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Potential Defences to Assault with Weapon
There are several routes to explore, from claiming self-defense and protecting someone else to challenging the intent or evidence.
Let’s talk about your assault attorney in Toronto – they are not just legal experts but also your guide through the maze of court proceedings and potential outcomes.
Keeping up-to-date with your case, especially any fresh evidence, is not just smart – it’s crucial. This approach arms you for the trial, safeguarding your rights. Remember, knowledge is power, and in the legal world, it’s your best defense.
What If the Victim Gave Consent
What happens if someone says it’s okay to use a weapon against them? Here’s the deal: even if someone agrees to it, the law is pretty clear that it is still not fine in assault cases involving weapons. So, that “okay” they gave? It does not hold up as a defense. It’s kind of like saying you can drive a car with your feet – sure, you can, but it’s neither safe nor legal
A Successful Defence
When you are in the hot seat with criminal charges looming over you, having a sharp defense attorney is your key to protecting your rights and keeping your freedom unharmed. Imagine the Crown’s trying to convince a judge or jury that you are guilty as charged. But here, there is where your attorney steps in.
Kazandji Law is an expert in the domain of criminal law. We have an eagle eye for assessing evidence and preparing the trickiest strategies in court.
FAQs
Do you need proof of assault in Canada?
Yes, for a conviction of assault in Canada, the prosecutor must prove both the unlawful act (like a push) and the intention behind it. Evidence of the act and intent are crucial.
Can you sue someone for assault in Canada?
Yes, in Canada, if you are the victim of an assault, you have the right to file a lawsuit against your assailant for the harm caused.
How much does it cost to sue someone in Canada?
Suing someone in Canada is costly; lawyer surveys suggest costs ranging from $10,000 to $25,000, depending on the case’s complexity.
Is Assault With A Weapon Serious?
Yes, it’s no laughing matter. Getting convicted of assault with a weapon can land you in some deep trouble, facing big penalties.