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Mississauga Assault with a Weapon Lawyer
Assault with a weapon occurs when you use or threaten to use force against someone else, and you use a weapon as an instrument of that force. An individual can be charged with assault with a weapon in a number of different circumstances. Assault with a weapon can include pointing a firearm, brandishing a knife, or striking someone with an object. Even if you hurl something at a wall and it bounces off and hits someone, you could be charged with assault with a weapon.
Being investigated for or charged with a criminal offence is one of the most challenging processes a person can go through. Charges have been brought against you, and they target your reputation and put you at risk of losing your freedom. If you are charged and convicted, you are responsible for carrying out your sentence. However, you do not have to go through this process alone. The most important thing you can do for yourself right now is contact Karapancev Law. From one of our law offices in Toronto and Mississauga, we can provide you with a criminal defence overview and explain all of your legal options.
Assault with a Weapon Defined
A weapon is defined as “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” under section 2 of the Criminal Code. Under s. 267, anybody who carries, uses, or threatens to use a weapon (or imitation thereof) in the commission of an attack is guilty of an indictable or summary offence. The maximum sentences are ten years in prison or two years in prison, respectively. For Assault with a Weapon, there is no obligatory minimum sentence. There are also non-custodial penalties available, meaning no jail time has to be served.
To attain a conviction for assault with a weapon, the Crown must first prove that there was an actual assault. This means that the Crown must show that the accused used force against the complainant without his or her consent. The Crown must also show that the accused was not acting in self-defence. Furthermore, the Crown must show that the accused employed a weapon while conducting the assault. The Crown is not required to show that any injury was occasioned.
It is a common misperception that a “weapon” refers only to firearms or knives. However, chairs, pebbles, potted plants, and cars are also capable of being weapons.
A Successful Defence
If you are facing one or more criminal accusations, you need a criminal defence lawyer to safeguard your rights and fight for your freedom. If you are being prosecuted, the Crown will try to adduce evidence to a judge or jury that establishes your guilt beyond a reasonable doubt. It is the role of your defence lawyer to raise a reasonable doubt.
Alex Karapancev has tremendous experience in criminal law. He knows how to weigh the value of the evidence in your case and select the best course of action in court. He understands how to spot faults in the prosecutor’s case and how to point them out. He also knows how to highlight the evidence that supports your innocence. Karapancev Law can help you with your case whether you live in Mississauga, Toronto, Brampton, Newmarket, or elsewhere in Ontario.
