Immediate Steps to Take if Charged with Assault with a Weapon

1. Understand the Charge
2. Secure Legal Representation
3. Exercise Your Legal Rights
4. Comply and Prepare for Legal Proceedings

In Canada, common assault does not need to involve violence or bodily harm. In some situations, It can be enough just to use threatening words or gestures to face criminal charges. Combined with a broad definition of weapons, someone committing aggravated violence using them can face penalties for assault with a weapon in the Criminal Code in an expansive range of cases.

The absence of a mandatory minimum sentence for assault in Canada allows judges to exercise wide discretion in determining criminal penalties. Punishable by lengthy prison sentences, charges for aggravated assault, such as assault with a weapon, call for immediate involvement of a criminal lawyer. Below, we discuss how to secure legal representation, what your rights are if you are arrested or charged with assault with a weapon and what you need to know to protect yourself and mount a strong defence.

Understand the Charge

In Canada, anything used, designed or intended to cause injury or death or used to threaten someone is considered a weapon. This broad definition expands far beyond knives and firearms and can include any other objects, such as beer bottles, hammers, shovels or firearm imitations. 

When seeking punishment for assault in Canada, the Crown Attorneys can proceed either summarily or by indictment. While summary conviction for assault with a weapon can result in an 18-month sentence, the maximum penalty for indictment cases reaches up to 10 years in prison. Followed by a criminal record, DNA and weapons prohibition orders, charges for assault with a weapon require a robust legal defence.

Secure Legal Representation

Having a seasoned criminal lawyer with extensive experience in handling assault cases involving weapons is always the best line of defence when facing these allegations. It is also essential to engage a lawyer as early as possible to enhance your chances of beating or mitigating the charges.

Selecting the right criminal lawyer can make all the difference in your case. You can start searching for assault with weapon lawyers or murder lawyers in Toronto on the Internet, checking about their experience in cases like yours and reading about their credentials, achievements and Google reviews. Most importantly, you will need to reach out to lawyers for a free initial consultation to learn more about their experience, approach and communication, find out about their fees and get a better understanding if they are a good fit for your case.

Exercise Your Legal Rights

If you are arrested, you have the constitutional right to keep silent. You can invoke this right by politely telling the police that you prefer to remain silent and speak to a lawyer.

The police are obliged to provide you with a reasonable opportunity to contact a lawyer unless you waived the right to legal counsel. You can contact any lawyer of your choice, and the police are under obligation to give you a “reasonable opportunity to do so.” The police are obliged to help you to get in touch with the lawyer by finding their telephone number, letting you call the lawyer or calling themselves, trying other means of contacting the lawyer if they are not answering the phone call and giving enough time for the lawyer to call back.

If you expressly told the police that you intend to contact legal counsel, the police must refrain from asking any questions until you get in touch with the lawyer. It is important to avoid discussing the incident with anyone except your lawyer, also before arrest and after it if you are released on bail. Including social media, forums or messengers to avoid hurting your chances of a successful defence.

Comply and Prepare for Legal Proceedings

During the arrest, it is in your best interests to comply and not resist. Resisting an arrest can result in additional criminal charges for your actions. After invoking your right to silence and legal counsel, you will need to wait until you have the chance to speak to a lawyer. 

Since assault with a weapon is a serious crime, you will most likely be detained and held in custody until a bail hearing. According to the rules of the bail system in Canada bounded by the Charter, the police have to bring you before the judge for a bail hearing within 24 hours after arrest or as soon as possible. 

In serious criminal cases such as assault with a weapon, there is a reverse onus in bail, which means that you will have to demonstrate to the judge why you should be released. The help of a lawyer at this stage can be instrumental in developing a strong bail plan, addressing the Crown’s arguments and working towards your release from custody.

When you are released on bail, the court may impose various conditions that you need to follow. These conditions can include orders not to contact certain individuals, stay away from certain places, not possess weapons or other restrictions. It is important to comply with these conditions to maintain your bail status and not hurt your chances of defence and credibility in court.

Your lawyers will start working on your defence as soon as you retain them, asking the Crown for full disclosure of evidence against you. After reviewing the disclosure, your lawyer will appear in pre-trial hearings, including Crown Pre-Trial (CPT) and Judicial Pre-Trial (JPT)) on your behalf to negotiate with the prosecution and the court on your behalf. These appearances can be a springboard for negotiations with the Crown, choosing the mode of trial if the Crown chooses to proceed by indictment and developing a robust defence plan.

Conclusion

You need to find and engage an experienced lawyer as soon as possible to represent you throughout all stages of a criminal case for assault with a weapon. When arrested, your best strategy is to remain silent and tell the police that you want to speak to a legal counsel first. You need to closely follow the condition of your bail plan and your lawyer’s guidance to avoid hurting your chances of a successful defence. 

When looking for a law firm in Barrie, Ontario or in other parts of the Greater Toronto Area, consider contacting criminal lawyers from Vilkhov Law. We have years of experience in defending clients facing assault with weapon charges in Toronto as well as in Barrie, Vaughan, Scarborough, Richmond Hill and throughout Ontario. Get in touch with Vilkhov Law criminal lawyers for a free, no-obligation consultation as early as possible to secure the most effective legal defence.