According to Canadian assault laws, you can face up to ten years in prison for assaulting someone with a weapon. Where the assault causes life-threatening injuries, it is instead prosecuted as aggravated assault, with a maximum of fourteen years.
Due to the broad definition of assault and weapons in the Criminal Code, defending these charges requires a tailored legal strategy. Below, we explain the difference between simple assault and assault with a weapon, how the justice system approaches prosecution, and what to expect when facing these charges.
Key Takeaways
- Assault with a weapon charges in Ontario fall under section 267 of the Criminal Code and can result in up to 10 years in prison.
- Aggravated assault (s. 268) is more severe and always prosecuted by indictment, with sentences up to 14 years if wounding, maiming, disfigurement, or endangerment of life results.
- The sentencing range for assault with a weapon 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.
- Toronto’s rate of firearm-related violent crime rose 12% in 2024 to its highest level in 15 years, even as the national rate declined — seeking experienced criminal defence counsel is critical to building a strong case.
What Is Assault with a Weapon in Canada?
Assault with a weapon is covered by section 267 of the Criminal Code. Under s. 267(a), everyone who carries, uses, or threatens to use a weapon or an imitation weapon while committing an assault is guilty of an indictable or summary offence, depending on how the Crown proceeds. Section 267(b) covers the related offence of assault causing bodily harm.
Due to the dangerous nature of weapons, an assault involving one can easily escalate into a more serious offence. According to Statistics Canada’s Firearms and violent crime in Canada, 2023 report, among victims of violent crime who sustained a physical injury, 1.6% were injured by a firearm specifically — and of those victims, three in ten (29%) sustained a major injury, and one in eight (12%) died. By comparison, major injury and death were far less common where another type of weapon or physical force caused the injury (5.4% and 0.3%, respectively).
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 simply to threaten someone, can be considered a weapon. 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 everyday objects such as bricks, to inflict injuries on a victim.
When a weapon is used, bodily harm often results. In law, “bodily harm” is defined as any hurt or injury that interferes with the victim’s health or comfort and is more than merely transient or trifling in nature — for example, significant bruising or a fracture, as opposed to a minor scrape. Where injuries instead amount to wounding, maiming, disfigurement, or danger to life, the accused faces the more severe charge of aggravated assault under section 268 of the Criminal Code.
Elements of the Offence
When pursuing an assault with a weapon charge, the Crown must prove every element of the offence beyond a reasonable doubt. This includes both mens rea (a “guilty mind”) and actus reus (a “guilty act”).
The underlying assault itself requires an intentional application of force without consent, or an attempt or threat to apply force where the accused had, or caused the other person to reasonably believe they had, the present ability to carry it out (s. 265(1)). For assault with a weapon specifically, the Crown must additionally prove the accused carried, used, or threatened to use a weapon or imitation weapon while committing that assault. Where the charge instead involves assault causing bodily harm, the mens rea for the bodily harm itself is a general intent standard — objective foreseeability of the risk of bodily harm is sufficient, meaning the Crown does not need to prove the accused specifically intended that consequence, only that a reasonable person in the same circumstances would have foreseen the risk.
For example, brandishing a weapon to intimidate or demand money can be sufficient proof of the required intent. Actus reus includes the act of assault together with the additional act of using a weapon, or threatening to do so.
The Dynamics of Violent Crime with Weapons in Canada
According to Statistics Canada, most violent crime in Canada is committed with a weapon other than a firearm. Nationally, the rate of firearm-related violent crime actually fell in 2024, down 4.2% to 36.0 incidents per 100,000 population — the sharpest annual decline in over a decade, per Statistics Canada’s Firearms and violent crime in Canada, 2024 report, released April 2026.
Toronto moved in the opposite direction: the city’s rate of firearm-related violent crime rose 12% in 2024, to 44.8 incidents per 100,000 population — its highest level in 15 years — even as most other major Canadian cities saw declines. Of Toronto’s 2024 violent crimes, 4.2% involved a firearm, up from 3.8% the year before.
That said, you can face an assault with a weapon charge 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; the charge was ultimately withdrawn. Using an everyday object in an assault can still aggravate the offence to assault with a weapon, or a more serious charge, depending on the presence and degree of bodily harm.
Penalties for Assault with a Weapon in Ontario
Assault with a weapon, or assault causing bodily harm, is a hybrid offence under section 267: the penalty depends on how the Crown proceeds. In less serious cases involving no or minor bodily harm, the Crown can proceed summarily, with a maximum sentence of two years less a day, a fine of up to $5,000, or both. In more serious cases prosecuted by indictment, the maximum sentence is 10 years in prison.
In setting the sentencing range, the court considers aggravating factors such as prior criminal record, severity of injuries, or the relationship with the victim, as well as mitigating factors such as remorse or mental health issues. By contrast, aggravated assault under section 268 is always a straight indictable offence — the Crown has no option to proceed summarily — with a maximum penalty of 14 years.
Comparison of Assault Types in Canada
| Type of Assault | Legal Basis | Definition | Maximum Penalty | Common Examples |
|---|---|---|---|---|
| Simple Assault | s. 265 (definition) / s. 266 (penalty) | Applying force or threatening force without a weapon. | 5 years (indictable), or 2 years less a day / $5,000 fine if summary. | Shoving, pushing, slapping. |
| Assault with a Weapon | s. 267(a) | Assault where a weapon or imitation is used, carried, or threatened. | Up to 10 years (indictable); 2 years less a day / $5,000 fine if summary. | Using a knife, bat, hammer, or everyday object as a weapon. |
| Aggravated Assault | s. 268 | Assault causing wounding, maiming, disfigurement, or endangerment of life. | Up to 14 years. Straight indictable — no summary option. | Stabbing causing serious injury, beating leading to permanent damage. |
Defences to Assault with a Weapon
Choosing the right defence strategy is always case-specific and depends on individual circumstances. The most common approaches include:
- Self-Defence: Using force to protect yourself or another person can be a defence under section 34 of the Criminal Code, where the response was reasonable and proportionate to the threat.
- Defence of Consent: The Criminal Code recognizes consent as a defence in some assault cases, such as consensual fights — though it does not extend to consent to be stabbed or similarly serious harm.
- Lack of Intent: Since mens rea is a required element, an absence of intent to apply force or threaten can undermine the charge.
- Mental Disorder: Where the accused could not form the required intent due to a mental disorder, that defence may be raised.
- Charter of Rights Defence: Evidence gathered in violation of your Charter rights may be inadmissible in court, which can be one of the most effective defence strategies.
The Legal Process for Ontario Criminal Charges
If you are arrested for assault with a weapon, you will most often be held in custody pending a bail hearing. It’s always advisable to retain experienced criminal defence counsel to advocate for your release and for less restrictive bail conditions. After the bail hearing, you will have pre-trial conferences with the Crown and the judge, where you and your lawyer can assess the evidence and explore resolution options.
Where the case proceeds by indictment, you will generally have the option to elect trial by a provincial court judge, a Superior Court judge alone, or a Superior Court judge and jury. Your lawyer can guide you through this election, both at the pre-trial stage and in choosing the mode of trial that best supports your defence.
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 is critical. Canadian criminal law treats assault with a weapon broadly and includes harsh penalties. Contact a criminal lawyer immediately after arrest or a summons; police are obliged to provide you with an opportunity to reach a lawyer of your choice.
You can also seek free legal assistance through Legal Aid Ontario if you qualify financially, and learn about the criminal process through educational materials from the Canadian Judicial Council.
Conclusion
Due to the broad definition of weapons in Canada, a simple assault can escalate into an assault with a weapon charge, and the dangerous nature of weapons can result in major injuries and even more serious charges, such as aggravated assault.
The legal process for assault with a weapon can be complex, and penalties can include lengthy prison sentences. If you face charges for assault with a weapon in Toronto, Barrie, Mississauga, Newmarket, Scarborough, Etobicoke, or anywhere else in the GTA or Ontario, contact Vilkhov Law for a free initial consultation.
Frequently Asked Questions
What are the penalties for assault with a weapon in Ontario?
Penalties depend on whether the Crown proceeds summarily or by indictment. A summary conviction can result in up to 2 years less a day in jail and/or a $5,000 fine, while an indictment carries a maximum of 10 years.
What is the difference between simple assault and assault with a weapon?
Simple assault involves applying force or threatening force without a weapon (maximum 5 years by indictment). Assault with a weapon involves using, carrying, or threatening to use an object capable of causing harm (maximum 10 years by indictment).
What is the difference between assault and aggravated assault in Canada?
The main difference is the severity of injuries. Aggravated assault, defined under section 268, involves wounding, maiming, disfiguring, or endangering life, is always prosecuted by indictment, and carries up to 14 years in prison.
What defences to assault with a weapon can be used in Ontario?
Common defences include self-defence, consent, lack of intent (absence of mens rea), mental disorder, or a Charter of Rights defence where evidence was obtained unlawfully.
How does the legal process for Ontario criminal charges work?
The process typically involves arrest, a bail hearing, pre-trial conferences, and trial. Assault with a weapon cases often require strong representation from an experienced criminal defence lawyer at every stage.
