Assault with a Weapon
This type of assault charge is different from a simple assault. This is because in this type of assault charge, the assault is such that a weapon was involved during the assault. Assault with a weapon charge is treated more serious than a simple assault charge. The focus of this type of offence is usually on whether a weapon was involved. The definition of a weapon is defined in the Criminal Code.
Assault with a weapon is classified as a hybrid offence in the Criminal Code. This means that the prosecution has discretion whether to proceed with the assault charge summarily or by indictment depending on the facts of the case. Indictment is treated more severely, and the accused can elect a mode of trial whether by judge alone or judge and jury. Assault with a weapon is codified under section 267 of the Criminal Code, which reads: Everyone who, in committing an assault, (a) carries, uses or threatens to use a weapon or an imitation thereof, or (b) causes bodily harm to the complainant, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
It is the duty of the crown prosecutor to prove the elements of the offence beyond a reasonable doubt. All the elements of this type of assault charge must be met. If you are charged with assault with a weapon you may have a defence available depending on the facts of the case. Your criminal defence lawyer will advise you if there are any legal defences to your alleged assault with a weapon charge which may negate the elements of the offence.
Do not plead guilty until you have either consulted with duty counsel or a criminal defence lawyer regarding your criminal case. It is also important to know that you have legal rights and equally important that they are preserved.
Contact an experienced Criminal Defence Lawyer today at (905) 230-4529 and book your consultation. As a Criminal Lawyer, I will defend your case and fight for you to ensure that you obtain the best possible outcome in a time effective manner. I also accept Legal Aid Certificates. Hire me as your Legal Aid Criminal Defence Lawyer in Mississauga today!
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