What is Assault with a weapon?​

This article is a brief and general overview about Assault with a weapon. Assault with a weapon is defined under section 267 of the Criminal Code of Canada. Contrary to popular belief, it is important to note that weapons are not limited to firearms or knives. In Canada, an object that causes injury or death, or be used to threaten can be considered a weapon. Some examples of objects that can be considered as weapons include baseball bats, brass knuckles, hammers, screwdrivers, rocks, and sticks. 

 

Usually, when a weapon is used against another person, it can cause bodily harm, and for this reason, assault with a weapon carries the same charge as Assault Causing Bodily Harm. As a result of a weapon, the harm committed during an Assault with a weapon can go beyond bruising and scratching, and is more likely to include fractures, lacerations, or concussions. Although these injuries are unlikely to be a long-term issue, they will still require medical attention. Due to the severity of such injuries, a person that inflicts these injuries upon another person using a weapon can also be charged with Assault Causing Bodily Harm. 

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What are some examples of Assault with a weapon?​

Some examples of Assault with a weapon include: 

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a) Choking another person with a rope until they lose consciousness.

b) Hitting someone with a brick.

c) Stabbing someone with a knife

d) Punching someone with brass knuckles. 

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What are the legal elements needed to prove Assault with a weapon?​

For every criminal case, the Crown must prove at least 4 things: 

1. Identity: The Crown must prove that you are the person who committed the crime. 

2. Jurisdiction: You are being charged in the correct court. 

3. Date: The Crown must prove the date when the crime took place when the police say it did. 

4. The elements of the Crime. 

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In this case, the elements of Assault with a weapon are:

a) That you (the accused) touched someone on purpose without their permission, or;

b) That you physically threatened to touch someone without their permission, and;

c) That you carried a weapon that the other person could see, or that you threatened to use a weapon. The weapon can be any object if you use it as a weapon. 

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Now, depending on the case, and severity of the injuries caused by the weapon, the Crown may also need to prove the element for Assault Causing Bodily Harm, which is: 

d) That the injuries you caused another person are serious, but not life-threatening (such as cuts, scrapes, lacerations, concussions, bad bruises, and/or fractured bones). ​

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What are the penalties for Assault with a weapon? ​

For this charge, there is no minimum sentence, and so, this means that in these cases, judges are able to use their discretion in determining the appropriate punishment. The sentence will vary depending on a wide range of factors, and as a result, it is not possible to estimate a sentence without knowing the facts of the case. However, it is important to note that the maximum penalty for Assault with a weapon in Canada is 10 years of imprisonment. However, as with many offences, the actual sentence given is usually far below this maximum, and the sentence depends on the severity and circumstances of the case. Usually, for first-time offenders, they may face a probationary sentence, fines, or house arrest. Typically, they may not receive a lengthy prison sentence, but it is still highly plausible to receive a (shorter) prison sentence. 

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Common FAQs:

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1. What do you do if you have been charged with Assault with a weapon? ​

If you have been charged with Assault with a weapon by the police, first contact us. Then, we will likely recommend counselling services for anger management as well as engagement with community services. Once retained, Shankar Law Office will continue to advise and guide you so that you can receive the best legal defence for this charge. 

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2. What are some possible legal defences for Assault with a weapon: 

Some of the possible legal defences for assault with a weapon include consensual fighting, self-defence, and the defence of others.