Assault with a weapon

Assault with a weapon is a very serious crime in Canada. This charge can lead to ten years of jail time for those who are found guilty. There are other penalties for this charge as well, and the circumstances of each case can impact the sentencing. Probation and fines can also accompany jail time for this kind of criminal activity.

For those who have been charged with assault with a weapon, the first step that must be taken is securing a skilled criminal lawyer. It is also wise not to speak to the police or anyone else until you have secured a lawyer. The more that you say about the situation that led to the assault, the more likely you will be to incriminate yourself.

What is Considered a Weapon?

Section 2 of the criminal code defines a weapon as anything that is used to cause death or injury to a person, or that is used for the purpose of threatening or intimidating a person. This can be a firearm, a knife, a pipe, or any other item that was used with the intention to harm or intimidate and threaten.

There is no limitation on what is considered a weapon under this part of the law – what matters is the intention with which it was used. The item does not have to be designed to be used as a weapon either. Firearms are federally regulated in Canada, so assault with a firearm can bring additional charges to the original assault charge.

What Are the Stages of a Criminal Case?

In Canada, there are some standard steps that are followed for each criminal case. You will want to consult a criminal lawyer as soon as possible if you have been accused of a crime or criminal charges have been levelled against you. Before charges are formally laid, you can still get a lawyer to work on your behalf in case they are actually brought against you

  • Arrest

    This is the first step that happens after the crime, and it might involve interrogation or questioning, as well as time spent in jail or custody prior to being released on bail.

  • Release

    After your bail hearing, you might be allowed to be released with specific guidelines. These guidelines will include staying in the country and might also direct you against taking other actions related to the crimes that you have been accused o

  • First Appearance

    The first appearance is intended to be the time when you can tell the court how you will proceed with the case. You might plead guilty or not guilty, or you can also choose to have the first appearance adjourn your case for a new date. This last process will allow for your first appearance to be rescheduled

  • Pretrial

    This stage is handled largely by your lawyer as they make the preparations for your case. You will meet with your lawyer and go over the disclosure and other details of your case, and will also be prepared to take the stand. There might also be a preliminary inquiry done to sort out if there is enough evidence to justify a trial

  • Trial

    The trial will happen on a set date. The length of the trial can depend on many factors, and the complexity of your case will impact the length of your trial. Low-complexity cases might only take a few days to try, but complex cases that are open to the public can take a month or more. The more witnesses and evidence that must be presented, the longer your trial will take

  • Verdict and Sentencing

    Once the case has been completely presented by both sides of the trial, the crown or jury will determine the outcome of the case. At this stage, you will also be given your sentencing, which could include fines, probation, or jail time. There are some instances where you can appeal the decision that was made in your case.

What Has to Be Proven for a Conviction?

In Canadian criminal cases, the Crown prosecutor has to prove beyond a reasonable doubt that the accused is guilty of both the actus reus and the mens rea of the offence they have been accused of. The actus reus is the intention to commit the criminal act, while the mens rea is only involved if there is premeditation. This is common in murder cases to try and prove that the crime was planned in advance.

Many people do not realize that circumstantial evidence can be enough to convict you – there are even instances where the case evidence is not well prepared, but the incomplete evidence of the case can still be enough to convict. This is why working with a skilled lawyer is so important. You will want to be sure that your case is presented and that all the facts are made clear.

Securing a Skilled Criminal Lawyer is Important

Due to the complexity of presenting evidence and details in criminal cases, you will want to work with a skilled lawyer, as assault with a weapon is one of the more serious criminal offences that you can be charged with in Canada, and you do not want to leave any of the details of your case up to chance. Having a skilled lawyer working hard by your side can make all the difference in the outcome of your case.

If you’re searching for representation in your assault with a weapon case, reach out to our team at Vilkhov Law today. We will schedule you for a consultation and get working on your case to help you to have the best chance at a positive outcome. Criminal cases in Canada are complicated to present, and you will want to work with the very best if you have been accused of a serious crime.

By |2022-08-09T17:04:11+00:00August 9th, 2022|Criminal Defence|

5/5 - (1 vote)

Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Excellent5.0 Based on 125 reviews fromJessie TeixeiraJessie Teixeira ★★★★★ I would like to thank Igor Vilkhov and his dedicated team for their professional assistance in dealing with my matter. I could not be happier about the way my matter was handled and am very satisfied with the result.Annabella FusaroAnnabella Fusaro ★★★★★ Igor Vilkhov was an amazing Lawyer. I met him through one of his colleagues and one thing I can say he fights for your rights and he doesn’t amazing job. He was so patient and kind with me. I’m very grateful for the outcome of my case. May god bless Igor And the amazing work he does.AnnabellaXuan LinXuan Lin ★★★★★ Hello my name is Leon I got charged with SA in 2021 in relation to a young complainant. I have been looking about 10 lawyer all of then is bad and lie all they care is money never help my case .Until I meet Igor I told him what happened he told me no worry he will try his best for help me . And this year May I won the case I just can't believe it Igor is best lawyer he is legendary . Guy you should believe in Igor he is really good. His preparation was meticulous and was acquitted. He saved my life.ChrisChris ★★★★★ The Best Lawyer In my opinion. A legal Tactician in the modern day criminal justice court systems. Very professional service. Great Techniques and Extremely knowledgable and Highly talented and recommended team.I’m 37 old Newfoundlander who is not well spoken but this was an easy to write.Nikolai Wheeler-BalazevNikolai Wheeler-Balazev ★★★★★ I want to start off this review by thanking Mr.Vilkhov for handling my case, Igor got my case resolved in a timely manor, i had previously been going to court for my case for about a year, and when i had gotten Mr.Vilkhov as my lawyer he had my case resolved and all my charges withdrawn in a matter of days. If anybody is looking for a lawyer i would urge you to go with Mr.Vilkhov, he knows what he is doing and knows how to do it quickly.Shannan HarrisonShannan Harrison ★★★★★ Mr. Vilkhov is an outstanding lawyer, I just avoided a lengthy jail sentence because of him. I literally cannot believe what he was able to do for me. The judge in court praised him for his work, thank you so much.Anoop RAnoop R ★★★★★ One of the best law firms in town! Highly recommended. Just retain them. They'll do the rest.ARRARR ★★★★★ I was falsely accused and charged with a serious offence. All it took was just one phone call from the complainant. As an immigrant, it was a nightmare. Fortunately Igor was the first person whom I contacted and I knew he was the one and I retained him. Beware of the lawyers who try to scare you, make you feel insecure. From the first phone call, he never made me feel insecure. He was confident that he can get the work done. Igor and Daniel promptly attended all my court dates. It took a while to achieve the resolution and finally my case was unconditionally withdrawn. I can't thank him enough. As Igor is a busy person, I was getting updates regularly from Daniel. I would give six stars to Daniel. Igor should never let him go. I would definitely recommend this law firm. You might sometimes feel that Igor is late in responding, but he'll be putting all his efforts behind the scene. Just have faith in him. I wish Igor and Daniel all the best.Brandon ABrandon A ★★★★★ Igor was fantastic to work with. He was always very quick to respond and answered any questions I had at any time during the process. I'm so impressed for his amazing and efficient work - he was able to have any charges against me dropped. I highly recommend Igor to anybody that's currently facing legal trouble. He truly exceeded my expectations and I'm so grateful for everything. Thank you Igor!Maria AgasMaria Agas ★★★★★ I was very impressed with his professionalism, swift responses and attention to detail. He was proactive and always communicated next steps. I’m so happy we came across Igor and his team. Igor is amazing and wonderful lawyer.Cindy LiCindy Li ★★★★★ I cannot express my gratitude enough for the exceptional legal representation provided by Igor. Facing wrongful accusations was a harrowing experience, but Igor's expertise and dedication swiftly turned the tide in my favor. He navigated the complexities of the case with professionalism, demonstrating remarkable intelligence and a deep understanding of the legal system. Thanks to his efforts, the charges were withdrawn in a timely manner, allowing me to move forward with my life. Igor is not just a good lawyer; he is an outstanding advocate for his clients. I wholeheartedly recommend his services to anyone in need of top-notch legal assistance.George ArellanoGeorge Arellano ★★★★★ Mr. Vilkhov got my charges withdrawn today after a very stressful time in my life. I hired him because of his reviews and I am not surprised that I got this result. I appreciate him and his team. Igor literally dedicates his entire life for his clients.Latch RamoutarLatch Ramoutar ★★★★★ I am sitting here at 10 Armoury street after my charges were just withdrawn. I cannot thank Igor enough for what he has done for me. This was supposed to be a trial where I was facing a ten year jail sentence. Somehow Igor got my charges dropped. This man is the lawyer you need, hands down. Also a very nice person.Emad MEmad M ★★★★★ Do not blink! Go with him.I know for stressful this process might be an how awful law system might be treating you, also how difficult it might be to trust someone with your “life”.Igor knows what he is doing and he saved my partner and I from false accusations of a jealous individual!He didn’t over charge, he didn’t hold back on any help a lawyer could possibly provide.This man is the best saviour one can ask for in these situations.Christa DuchenoChrista Ducheno ★★★★★ No kidding, if you need an attorney and You want the Best lawyer to defend you and your rights in the legal system I’d definitely recommend you call Igor Vilkhov.I am completely and gratefully satisfied with His professional guidance, knowledge of the complex legal system and most of all for saving my life. I give Igor and his Team my hands heart shout out Thank You for your dedication, I couldn’t have gotten through it without Y’all.Stephanie SchembriStephanie Schembri ★★★★★ Mr.Vilkhov thank you for keeping our family together we are forever gratefulAndreyAndrey ★★★★★ Highly recommend. Fast and reasonableRajveer SinghRajveer Singh ★★★★★ WaheguruKathryn GilfoyKathryn Gilfoy ★★★★★ john la magnajohn la magna ★★★★★ I had a great experience with Vilkhov Law. Igor was professional, efficient, and made my very stressful first endeavour into needing legal council as much of a breeze as it could have been.He was also very patient with me as a first time offender with way too many questions.I highly recommended Igor, and his team at Vilkhov Law!Norbert WysockiNorbert Wysocki ★★★★★ Igor and his team provided excellent service in very delicate and emotional case. They were extremely supporting and knowledgeable. Thank you for everything you have done!Jason WorthJason Worth ★★★★★ Words cannot describe what Igor has done for me. Igor is the most skilled and amazing attorney I have ever met in my entire life. I had a long list of charges (some that carried some serious penitentiary time) and worked some serious magic with countless hours behind the scenes for me to make just 1 appearance and have ALL THE CHARGES WITHDRAWN and a peace bond put in place. The timeframe for it was amazing as well he took care of me and this situation in only 15 months! (we all know the justice system does not work that fast normally!) If you want a very highly skilled, passionate, available(Igor would take calls and messages even after normal hours to fill me in!), experienced and dedicated attorney that will work tirelssly with you and for you to get you the absolute best results then Igor is your man! 5 stars does not do this man justice he deserves 100 stars!N -N - ★★★★★ Great lawyer. Knowledgeable and helpful. 10/10 would recommend :)GLORIS SPENCEGLORIS SPENCE ★★★★★ Working with Igor and his team during a very unpleasant situation has been a blessing. Even though the legal process was a lengthy one, they were there to answer the questions and concerns we had.Thankfully, it's all over and settled and hopefully we'll not need his services again, but it is reassuring to know that if the situation should every arise where legal counsel is needed, Vilkhov Law Professional will be there in my corner.Thank you.Scott K.Scott K. ★★★★★ I would like to give Igor 5 stars for handling my serious case for the last 11 months of my life. In December 2022, I was wrongfully accused of 2 serious charges under my name however, Igor took care of it from the beginning and finally all of those wrongful charges are withdrawn and now I feel much better and at ease. I am very glad that Igor could help me throughout the hard process and bring out the best result possible! Also, what I want to pinpoint out for the most is that he picks up the call by himself and you get to contact directly with him whenever you have questions or want updates throughout the process. I know that it could be tiring for lawyers who have other clients at the moment but Igor always keep a close contact with his client and I was always able to talk to him directly when I needed for the last 11 months. At last, I wish all the best for Igor and hope that god blesses throughout his career and may he be able to offer his professionalism to help other people in need. Thank you Igor :)js_loader

CONTACT US

“Caring, honest, and highly knowledgeable.”

Contact Igor for a Free Consultation!

Please contact us online for a free consultation.
Go to Top