Assault with a Weapon in Canada: Penalties and Minimum Sentence

Have the police arrested you on suspicion of committing an assault with a weapon in Canada? If so, get dedicated legal representation to defend yourself against your charges. Contact Posner Craig Stein LLP today for an initial case evaluation to learn more about assault with a weapon charges and the potential penalties and sentences that may result from a conviction and to discuss how our firm will fight to protect your rights, reputation, and future.

What is Assault with a Weapon in Canada?

Under the Criminal Code of Canada, a person commits the offence of assault with a weapon if the person, while committing an assault:

• Carries, uses, or threatens to use a weapon or imitation weapon
• Causes bodily harm to a victim
• Chokes, suffocates, or strangles the victim

Furthermore, the Criminal Code defines assault as:

• Intentionally applying direct or indirect force to another person without their consent
• Attempting or threatening, by act or gesture, to apply force to another person or causing that person to reasonably believe the perpetrator has the ability and intent to apply force
• Accosting or impeding another person or engaging in begging while openly wearing or carrying a weapon or imitation weapon

What Constitutes a Weapon?

The Criminal Code of Canada defines a weapon as anything used, designed, or intended for use in causing injury or death or to threaten or intimidate another person. The law also includes any firearm (regardless of its use or intended use) in the definition of a “weapon.” The law also considers anything used to bind or tie up a person against their will as a weapon. Even a seemingly simple or harmless object, like a drinking glass or rock, can become a weapon if used to injure or kill another person. 

The Criminal Code defines a “firearm” as a barreled weapon that can discharge a shot, bullet, or other projectile capable of causing severe injury or death, including any frame or receiver of a barreled weapon, or any other object adaptable for use as a firearm. 

Defences to Assault with a Weapon

A person facing charges of assault with a weapon in Canada may pursue various defence strategies. Case strategies may highlight investigators’ and Crown prosecutors’ violations of a defendant’s rights under the Canadian Charter of Rights and Freedoms. Defendants may raise other specific legal defences to a charge of assault with a weapon, including:

Self Defence

A person may protect oneself or one’s property from a threat of injury or damage by using force against a person threatening to inflict such injury or damage. In an assault with a weapon case, a defendant may claim they reasonably believed under the circumstances that the alleged victim threatened to use force against them and thus responded with reasonable and proportional force to prevent the alleged victim from injuring them. Self-defence requires a person to use a level of force reasonable to protect themselves from injury and proportional to the perceived threat; for example, a person may not use lethal force to protect themselves from a threat of non-lethal force. 

Lack of Intent

The “assault” element of an assault with a weapon charge may require the defendant to have intentionally applied force to a person without their consent. As a result, a defendant may claim they did not intend to apply force to an alleged victim. 

Mistaken Identity

A defendant may assert that they did not commit the crime, challenging the reliability of a victim’s or eyewitness’s identification or presenting alibi evidence to prove they were elsewhere when the alleged assault occurred. 

Insufficient Evidence

Defendants may contest an assault with a weapon charge by arguing the Crown prosecution lacks sufficient evidence to prove every element of the charge, including proving that the defendant committed the underlying assault with or in possession of a weapon. Defendants can also challenge the sufficiency of the evidence of other elements, such as the application of force on a victim, the victim’s lack of consent to the defendant’s actions, or the defendant’s alleged attempt or threat of force. 

Is It Possible to Drop Assault with a Weapon Charges in Canada?

Depending on the facts of your case, you may convince the Crown prosecution to drop or reduce the severity of your charges. For example, suppose you present sufficient evidence to undermine the strength of the Crown’s case. In that case, prosecutors may agree to drop your charges if they lack confidence in securing a conviction at trial. Crown prosecutors may also agree to reduce the charge to simple assault or allow a defendant to enter a diversionary program that may allow them to resolve their charges without a conviction. 

Penalties and Consequences

The Criminal Code defines assault with a weapon as a hybrid offence, meaning the Crown prosecution can proceed with a prosecution of an assault with a weapon charge under an indictment or by summary conviction. When the Crown chooses to proceed with an indictment for assault with a weapon, a defendant may face a maximum incarceration term of ten years. However, when the Crown prosecution proceeds with a summary conviction, a defendant can face a sentence that includes up to $5,000 in fines, up to 18 months of imprisonment, or both fines and incarceration. 

Assault with a weapon does not carry a minimum sentence, giving courts discretion in sentencing a convicted defendant. As a result, defendants can give themselves a better chance of a less harsh sentence by working with an experienced criminal defence lawyer who can highlight factors that weigh in a defendant’s favour, such as the defendant’s lack of criminal history, remorse/acceptance of responsibility, and amenability to rehabilitation. 

Importance of Hiring a Skilled Criminal Lawyer

An effective defence strategy against assault with a weapon charge requires in-depth criminal law knowledge. A criminal defence lawyer can help you identify potential defence strategies, walk you through each prosecution stage, and advocate for you in court to pursue the best possible outcome to your charges. After getting arrested and charged with assault with a weapon in Canada, you need experienced legal advocacy to protect your rights and interests. Contact Posner Craig Stein LLP today for a confidential consultation with a seasoned criminal defence lawyer to learn more about your charges and discuss your options for seeking a favourable resolution to your case.