In Ontario, a “threat” isn’t always just words. If you are holding an object during a heated dispute — even if you never intended to use it — you can find yourself facing a charge of Assault with a Weapon. Under the Criminal Code, the definition of assault includes the act of “threatening, by an act or a gesture, to apply force.” When a weapon is added to that gesture, the legal stakes increase exponentially.
At Kazandji Law, our Ontario threats with a weapon lawyers help clients who have been overcharged following domestic disputes, road rage incidents, or high-stress neighbourhood arguments. We understand that a split-second decision to pick up a tool or a household object can be misinterpreted by police as a premeditated act of violence. Our goal is to set the record straight and protect your reputation.
Understanding Section 267 and 264.1
There are two primary ways the law in Ontario handles threats involving weapons:
- Assault with a Weapon (Section 267): This charge is laid if you carry, use, or threaten to use a weapon (or an imitation) during an assault. You can be convicted even if you never touched the other person.
- Uttering Threats (Section 264.1): This involves the verbal or written threat to cause death or bodily harm. If a weapon is visible or implied during the threat, it becomes an “aggravating factor” that the Crown will use to seek a harsher sentence.
Both charges are incredibly serious. A conviction can lead to up to 10 years in prison, a permanent criminal record, and a lifetime ban on owning firearms or other weapons.
Why You Need Experienced Ontario Threats With a Weapon Lawyers
The legal definition of a “weapon” in Canada is surprisingly broad. Under Section 2 of the Criminal Code, a weapon is anything used, designed to be used, or intended for use in causing death or injury, or for the purpose of threatening or intimidating any person. This means a kitchen knife, a baseball bat, a screwdriver, or even a heavy water bottle can be classified as a weapon.
Our Ontario threats with a weapon attorneys challenge the Crown’s narrative on several fronts. We look at the “Context” of the incident. Was the object actually intended as a weapon, or was it just in your hand because you were working or cooking? Did the complainant have a reasonable fear of harm, or was the incident a mutual verbal altercation that has been exaggerated for the police report?
The Impact of No-Contact Orders
One of the most immediate problems with a threat charge is the “Undertaking” or bail conditions. Usually, you are hit with a “no-contact” and “no-attendance” order. This can keep you away from your own home, your children, and your place of work if the incident happened there.
We prioritize getting these conditions varied. We work with the Crown and the court to allow for “peaceful contact” or to allow you back into your residence whenever possible. We understand that being shut out of your life is often the most stressful part of the legal process.
FAQs: Working With Ontario Threats With a Weapon Lawyers
What exactly is considered a “weapon” in this charge?
Anything that is used to intimidate or threaten can be a weapon. It doesn’t have to be a gun or a knife; everyday items like pens, tools, or kitchen utensils are frequently cited in Ontario courtrooms.
Can I be charged if the weapon was a fake or a toy?
Yes. Under Section 267, an “imitation weapon” carries the same weight as a real one if the other person believed it was real and felt threatened.
What is the penalty for “Uttering Threats”?
It is a hybrid offence. If the Crown proceeds by indictment, the maximum penalty is 5 years in prison. If they proceed summarily, the penalties are lower, but you still face a criminal record.
Can I use the “Self-Defence” argument?
Yes. Under Section 34 of the Criminal Code, you are allowed to use — or threaten to use — force to protect yourself or others, provided the response is “reasonable in the circumstances.” Producing a weapon to deter an attacker is a common and valid defence.
Will a conviction lead to a lifetime weapons prohibition?
Almost certainly. A conviction for a weapons-related offence usually triggers a mandatory or discretionary “Section 109 or 110” order, which bans you from possessing firearms, ammunition, or weapons for at least 10 years.
What if I didn’t actually mean the threat?
The “intent” for uttering threats is that the words were meant to be taken seriously. The court uses an “objective” test: would a reasonable person who heard those words, in that context, consider them a serious threat?
Can I get the charge dropped to “Simple Assault”?
This is a frequent goal of our negotiations. If we can prove that the object in question wasn’t used as a weapon, we can have the charge reduced, which avoids the mandatory weapons prohibitions and lowers the sentencing range.
What is a “Peace Bond” and how does it help?
A Section 810 Peace Bond is often the best resolution for a threat charge. You agree to follow certain rules (like keeping the peace) for 12 months, and in exchange, the Crown withdraws the criminal charges entirely. No conviction is registered.
Does a threat have to be made in person?
No. Threats made over text, WhatsApp, email, or social media are all prosecutable under Section 264.1. In fact, digital threats are often easier for the Crown to prove because there is a permanent record of the words.
What if I was intoxicated during the incident?
Intoxication is generally not a full defence to these charges, but it can be used to show that you didn’t have the “specific intent” for certain types of threats, which can help in negotiating a lower charge.
Can a “Threats with a Weapon” charge affect my employment?
Yes, especially if you work in security, healthcare, or with children. A “crime of violence” on a background check is a major red flag for employers.
Why choose Kazandji Law? Our Ontario threats with a weapon lawyers are assertive negotiators who aren’t afraid to go to trial. We know how to expose the inconsistencies in a complainant’s story to show the Crown that their case is built on a shaky foundation.
Why Professional Defence is Vital
A “Threats with a Weapon” charge is often the result of “over-policing” a domestic or interpersonal dispute. The police are often required to lay a charge if they see a weapon present, regardless of whether it was actually used for a crime. We bridge the gap between the police’s “automatic” response and the reality of what actually happened.
Take Action Today
If you have been charged, do not wait for your first court date to get help. The first 48 hours are critical for identifying witnesses and securing video evidence (like doorbell cams or dashcams) that might be deleted. Contact Kazandji Law for a clear, honest assessment of your case and a plan to get your life back on track.