Criminal Defence Core
Assault With A Weapon Lawyer in Canada
An assault with a weapon lawyer defends charges under Criminal Code, s. 267(a). This page sets out what the offence covers, what the Crown must prove, the penalties on conviction and the defences that are commonly available, then lists criminal defence firms you can contact.
Criminal Code, s. 267(a)·hybrid offence
What Assault With a Weapon covers in Canadian criminal law
Section 267(a) elevates a simple assault where the accused carries, uses or threatens to use a weapon or an imitation of one. The Criminal Code defines weapon broadly enough that everyday objects qualify when used to threaten or cause injury.
Prosecutions regularly involve bottles, tools, vehicles, footwear and even a thrown phone. The question is not whether the object was designed as a weapon but whether it was used or threatened as one.
Because a weapon is involved, a conviction almost always attracts a prohibition order under section 109 or 110, which has direct consequences for anyone who holds a firearms licence or works in a role that requires one.
What the Crown must prove
The Crown carries the burden of proving every element beyond a reasonable doubt. A reasonable doubt on any one of them means an acquittal.
- The accused committed an assault as defined in section 265
- The accused carried, used or threatened to use a weapon or an imitation of a weapon
- The object qualifies as a weapon in the circumstances of its use
- The use or threat was intentional
- Identity of the accused and the date and jurisdiction of the alleged offence
Penalties and consequences on conviction
- Up to ten years imprisonment on an indictable election
- A firearms and weapons prohibition order under section 109 or 110
- A DNA order where the offence proceeds by indictment
- Forfeiture of the weapon or object seized
- A criminal record that affects security clearances, licensing and cross-border travel
Common defences
- Self-defence under section 34, including the use of an object to repel an attack
- The object was not used or threatened as a weapon
- No assault occurred, so the weapon aggravation cannot attach
- The threat was conditional or not accompanied by any present ability to carry it out
- Identification and reliability issues in fast-moving altercations
- Charter challenges to the search and seizure of the alleged weapon under section 8
Assault with a weapon lawyer: frequently asked questions
- Can an ordinary object be a weapon?
- Yes. The Criminal Code defines a weapon by use rather than design. A bottle, a set of keys, a tool, a shoe or a vehicle can all be weapons if used or threatened to cause death or injury or to intimidate. The context of use is what the court examines.
- What happens to my firearms licence?
- A conviction under section 267 attracts a mandatory or discretionary prohibition order depending on the circumstances, and a prohibition order results in the revocation of a firearms licence and forfeiture of registered firearms. This is often the most significant consequence for lawful gun owners and people whose work requires a licence.
- Does the weapon have to be real?
- No. Section 267(a) expressly includes an imitation of a weapon. A replica firearm or a realistic toy can support the charge, because the aggravating feature is the threat conveyed and the risk created, not the object's capacity to fire.
Find an assault with a weapon lawyer
Criminal defence firms listed on Criminal Lawyers Canada that identify Assault With a Weapon among their practice areas. Featured listings appear first.
Assault With a Weapon lawyers by province