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Key Takeaways
- Assault with a weapon charges in Ontario fall under the Criminal Code of Canada section 267 and can result in up to 10 years in prison.
- Aggravated assault Canada (s.268) is more severe, with sentences up to 14 years if life-threatening injuries occur.
- The sentencing range for assault with a weapon Ontario depends on aggravating or mitigating factors such as prior criminal record, injury severity, or remorse.
- Defences to assault with a weapon include self-defence, consent, lack of intent, mental disorder, and Charter of Rights arguments.
- Seeking help from criminal defence lawyers in Toronto or across the GTA, Barrie, or Mississauga is critical to building a strong case.
According to Canadian assault laws, you can face up to ten years in prison for assaulting someone with a weapon. In cases where an assault causes major injuries, the jail time can increase up to fourteen years.
Due to the broad definition of assault and weapons in the Criminal Code, defending these charges requires a tailored legal strategy. Keep reading to learn more about the difference between simple assault and assault with a weapon, how the justice system approaches prosecution, and what to expect when facing these charges.
Table of Contents
- What Is Assault with a Weapon in Canada?
- Types of Assault Charges Involving a Weapon
- Elements of the Offence
- The Dynamics of Violent Crime with Weapons in Canada
- Penalties for Assault with a Weapon in Ontario
- Defences to Assault with a Weapon
- The Legal Process for Ontario Criminal Charges
- How to Get Legal Help for Assault with a Weapon in Ontario
- Conclusion
- FAQ
What Is Assault with a Weapon in Canada?
In criminal law, assault with a weapon is covered by Section 267 of the Criminal Code of Canada. According to CC 267 (a), everyone who carries, uses or threatens to use a weapon or its imitation while committing an assault is guilty of an indictable or summary offence.
Due to the dangerous nature of weapons, an assault involving them can easily escalate into a more serious offence. Thus, according to the Report on Firearms and Violent Crime in Canada, 2023, three in ten victims of assault with a firearm sustained a major injury, while 12% of these victims died.
Types of Assault Charges Involving a Weapon
Contrary to common misconception, weapons are not limited to firearms or knives. In Canada, anything used to cause injury or death, or just to threaten someone, can be considered a weapon. The examples of assault with a weapon cases in Ontario include using tools such as hammers or screwdrivers, household cutting instruments, burning liquids or caustic agents, or even bricks, to inflict injuries on a victim.
When a weapon is used on someone, most often bodily harm occurs. In criminal law, the definition of assault causing bodily harm includes injuries that interfere with the victim’s health or comfort, such as heavier bruises and fractures. However, when injuries result in wounds, maiming, disfigurement or danger to life, the perpetrator faces more severe punishment for aggravated assault in Canada foreseen by Section 268 of the Criminal Code of Canada.
Elements of the Offence
When pursuing an assault with a weapon charge, a Crown prosecutor in Ontario has to prove the existence of all elements of the offence beyond a reasonable doubt. Known as mens rea and actus reus, the elements of an assault with a weapon offence include the existence of “guilty mind” and “guilty act”.
In assault with a weapon charges in Ontario, mens rea includes either the intention to apply force or threaten, or recklessness. For example, brandishing a weapon to intimidate or demand money can be sufficient proof of a guilty mind. In turn, actus reus includes the act of assault with an additional act of using a weapon or making threats to do the same.
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The Dynamics of Violent Crime with Weapons in Canada
According to the report by Statistics Canada, most violent crimes in the country are committed with a weapon other than firearms. Thus, in 2023, among victims of violent crime who suffered physical injury, only 1.6% were injured or died because of a firearm. Assault with a firearm led to major injuries in 29% of cases, while assault with other weapons resulted in major injuries only in 5.4% of incidents.
That said, you can face charges for assault with a weapon in Ontario for using virtually any object that can cause injury, create a threat, or resemble a weapon. For example, a Simcoe woman faced an assault with a weapon charge over an incident, where she allegedly struck a neighbour with water from a child’s water gun. While the charge was eventually withdrawn, using objects in assault often aggravates the offence to an assault with a weapon or more serious charges, depending on the presence and degree of bodily harm.
Penalties for Assault with a Weapon in Ontario
In the Criminal Code, assault with a weapon or causing bodily harm is a hybrid offence where the penalty depends on how the Crown proceeds with the charges. In less serious cases involving no or minor bodily harm after assault with a weapon, the Crown prosecutor can proceed summarily with the maximum sentence of two years less a day, and a fine of up to $5,000, or both. In more serious cases, where the charges are prosecuted by indictment, the maximum sentencing for assault with a weapon in Ontario is 10 years in prison.
In determining the sentencing range for assault with a weapon in Ontario, the Crown considers aggravating factors, such as prior criminal record, severity of injuries, or relationship with the victim, as well as the mitigating ones, such as presence of remorse or mental health issues. That said, the difference between assault and aggravated assault in Canada is that the latter is always an indictable offence with a maximum punishment of up to fourteen years in jail.
Comparison of Assault Types in Canada
| Type of Assault | Legal Basis | Definition | Maximum Penalty | Common Examples |
|---|---|---|---|---|
| Simple Assault | Criminal Code s.265 | Applying force or threatening force without a weapon. | 5 years (indictable), or lower if summary. | Shoving, pushing, slapping. |
| Assault with a Weapon | Criminal Code s.267(a) | Assault where a weapon or imitation is used, carried, or threatened. | Up to 10 years. | Using a knife, bat, hammer, or even everyday object as a weapon. |
| Aggravated Assault | Criminal Code s.268 | Assault causing wounding, maiming, disfigurement, or endangerment of life. | Up to 14 years. | Stabbing causing serious injury, beating leading to permanent damage. |
Defences to Assault with a Weapon
The severe sentencing for assault with a weapon in Ontario requires a strong defence. While choosing the exact strategy is always case-specific and depends on individual circumstances, the most common types of defence include:
- Self Defence: Using force to protect yourself or another person can be considered self-defence if acting reasonably and proportionate to the threat.
- Defence of Consent: The Criminal Code allows the defence of consent in assault cases, for example, in consensual fights, except consent to be stabbed, or similar scenarios.
- Lack of Intent: The presence of mens rea or guilty mind is a required element of assault with a weapon in Ontario, so the absence of intent to apply force or threaten can invalidate the charge.
- Mental Disorder: Similarly, if the accused cannot form intent due to medical reasons, the defence of mental incapacity can be raised.
- Charter of Rights Defence: In self-defence in Canada, suppressing evidence collected in violation of your Charter rights can be one of the most effective defence strategies, making such evidence inadmissible in court.
The Legal Process for Ontario Criminal Charges
If you are arrested for assault with a weapon, most often you will be held in custody, pending a bail hearing. It’s always advisable to retain experienced criminal defence lawyers in Toronto to advocate for your release and less strict bail conditions. After the bail hearing, you will have several pre-trial conferences with the prosecution and the judge, where you and your defence lawyer can assess the charges and explore plea bargaining.
If your case proceeds to trial by indictment, you will have the option to choose to be tried by a provincial court or a Superior Court. In the latter case, you can also opt to be tried by a judge and jury. Your lawyer can guide you on your options both during the pre-trial hearing stage and in electing the mode of trial to secure the most effective defence strategy.
How to Get Legal Help for Assault with a Weapon in Ontario
When you face an assault with a weapon charge, securing immediate legal assistance as early as possible is critical to your defence. The Canadian criminal law treats assault with a weapon broadly and includes harsh penalties for perpetrators. Contacting an Ontario criminal lawyer for assault charges immediately after arrest or summons is always recommended, and the police are obliged to provide you with contacts and an opportunity to get in touch with a law firm of your choice.
You can also seek free legal assistance through resources such as Legal Aid Ontario if you qualify financially. Additionally, you can learn about the criminal procedure and how to prepare for a criminal process using educational materials provided by the Canadian Judicial Council.
Conclusion
Due to the broad definition of weapons in Canada, a simple assault can escalate into assault with a weapon. Meanwhile, the dangerous nature of weapons can result in major injuries and lead to more serious charges, such as aggravated assault.
The legal proceedings for assault with a weapon can be convoluted, while the penalties can include lengthy prison sentences. If you face criminal charges for assault with a weapon in Toronto, Barrie, Mississauga, Newmarket, Scarborough, Etobicoke or anywhere else in the GTA or Ontario, please don’t hesitate to contact Vilkhov Law for a free initial consultation on how we can help in your case.
FAQ
What are the penalties for assault with a weapon in Ontario?
Penalties for assault with a weapon in Ontario depend on whether the Crown proceeds summarily or by indictment. Summary conviction can lead to up to 2 years less a day in jail, while indictment carries a maximum of 10 years.
What is the difference between simple assault and assault with a weapon?
Simple assault Canada cases involve applying force or threatening force without a weapon. Assault with a weapon Ontario charges involve using or threatening to use an object capable of causing harm.
What is the difference between assault and aggravated assault in Canada?
The main difference between assault and aggravated assault Canada is the severity of injuries. Aggravated assault, defined under Criminal Code of Canada section 268, involves wounding, maiming, disfiguring, or endangering life and carries up to 14 years in prison.
What defences to assault with a weapon can be used in Ontario?
Common defences to assault with a weapon include self-defence, consent, lack of intent (mens rea), mental disorder, or Charter of Rights defence where evidence was obtained unlawfully.
How does the legal process for Ontario criminal charges work?
The legal process Ontario criminal charges typically involves arrest, bail hearing, pre-trial conferences, and trial. Crown prosecutor assault with a weapon cases often require strong representation by criminal defence lawyers in Toronto.
