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 114 reviews fromRajveer SinghRajveer Singh ★★★★★ WaheguruAlyssa TolentinoAlyssa Tolentino ★★★★★ Igor is an incredibly professional, yet empathetic lawyer — I retained his services for charges laid against someone close to me, and would make that decision time and time again! He pays attention to every detail, and will be by your side to get the best outcome possible. You’re in good hands with him.Kathryn 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 :)SAID ALISAID ALI ★★★★★ Igor is an exceptional lawyer! I am very thankful for his excellent professional legal advice and assistance, he was able to drop my S.A charges. Thank you Igor for everything you've done, I really appreciate your services.M AlyM Aly ★★★★★ I was charged with SA, which rarely ever get dropped and generally always go to trial. Igor Vilkhov was able to get my charges fully withdrawn with no consequences or harm to me.Every lawyer I spoke with quoted me astronomical fees and explained how they would have to jump through hoops and perform ‘legal gymnastics’ to help me. Igor was the only lawyer who gave me a fair and realistic fee structure. He walked me through what the process would look like and gave realistic expectations. It was clear from the start he knew what he was doing and that his experience was significant. Throughout the process he provided regular updates and was always reachable. If you’re charged, I highly recommend at least speaking with Igor before making a decision on an attorney.Melissa HinrichsenMelissa Hinrichsen ★★★★★ Igor was amazing to deal with. His response time was amazing compared to others. He knew what I needed and got the job done. I highly recommend to everyone.NicoleNicole ★★★★★ Very kind and helpfulDevere SDevere S ★★★★★ Mr.Vilkhov is a professional and very good lawyer, goes through everyrhing to make sure it gets dealt with properly, He replies fast if you have questions or anything as well, along with his staff Jessica she was a big help as well.Jessica Gavrikov-ZinchenkoJessica Gavrikov-Zinchenko ★★★★★ Igor Vilkhov is a one-of-a-kind lawyer, his skills truly exceed expectations. He is incredibly diligent and has a passion for ensuring that his clients receive the best possible representation. Additionally, he has a wonderful team behind him, ensuring that his business operations and client relations are running smoothly.Saira JawaidSaira Jawaid ★★★★★ Igor is a good friend and colleague of mine that has helped me tremendously in my legal profession. I can always rely on him for any legal related questions. I’ve personally worked with him and I can say with confidence he is a hard working, dedicated, result focused lawyer. Keep up the hard work!Daniel SlobodkinDaniel Slobodkin ★★★★★ I have known Mr. Vilkhov in a professional and personal capacity for several years. Mr. Vilkhov is a well-respected and devoted criminal lawyer who prioritizes the success and livelihood of his clients. Mr. Vilkhov goes out of his way and makes time, at all times of day, to tend to the needs of his clients. Mr. Vilkhov is a diligent lawyer I would recommend to anyone dealing with a criminal matter. Well-spoken, confident, methodical and professional are qualities that only begin to scratch the surface of Mr. Vilkhov's criminal law practice and his character at whole.mike cookmike cook ★★★★★ I can’t say enough good things about my experience with Mr. vilkhov he truly takes pride in his work and did his absolute best to work on my case and get me the best deal I would recommend him to everyone. Hiring Mr .vilkhow will be the best decision for anyone to make he’s truly amazing at what he does .Amina HuseynovaAmina Huseynova ★★★★★ I've known Igor professionally for a long time, one of the most dedicated criminal lawyers I have met. He gets amazing results for his clients and I would recommend anyone who is looking to hire him.maddy mmaddy m ★★★★★ I am international student in Canada, six months ago I was falsely accused of SA and I was charged. I had never dealt with all this in my life and I started looking for a lawyer. I spoke too more than 50 lawyers all over ontario and every lawyer I spoke to tried to scare me and told me that I am a dead meat here and this thing is definitely going to trial and were only interested in talking about their fees. Mr Vilkhov patiently heard my case and told me that there is a high possibility of getting the case withdrawn . He was straightforward and honest. He convinced me after one call that he is the right lawyer for me to retain. He charged a very reasonable fee which he let me pay in installments. He kept me well informed about my case in every stage. Mr. Vilkhov and Daniel from his team were my constant support. Every message and every phone call was answered.Mr Vilkhov got the charges withdrawn!!! My case was in a jurisdictions were cases like these never get withdrawn. But Mr. Vilkhov gave his best and got the charges withdrawn without any conditions. I cannot thank Vilkhov law professional for giving my life back! Mr. Vilkhov is very knowledgeable and he is the lawyer you need by your side when you need it the most! He wins when you need it the most! Thank you Vilkhov law corporation!Jay ModiJay Modi ★★★★★ Igor and his team exceeded my expectations, efficiently getting all charges dropped in my case. His timely responses, coupled with Daniel's eloquence, made for an exceptional first-time experience with a lawyer. They provided a unique blend of empathy and straightforwardness that instilled confidence throughout the legal process. Highly recommendable for anyone in need of a criminal justice lawyer.Naqib PopalNaqib Popal ★★★★★ I just left Brampton courthouse. I was acquitted of 11 charges after a long trial. Igor Vilkhov absolutely killed it during the entire trial. If it wasn’t for him, I would be going to jail. Thank you so much for your work, you ensured the truth came out. Thank you, you got me my life back.Chad AllanChad Allan ★★★★★ Igor got me an amazing deal, he was always communicating with me and updating me about my case, he got me the deal of a lifetime and I can’t him enough. If you are reading this and you are thinking about who to hire, just call him, he is the right lawyer for you.Jamie LewisJamie Lewis ★★★★★ If you need a lawyer who is actually going to work for you, and get results go with Igor at Vilkhov Law. He was very patient and understanding and knows his stuff. I was facing a huge fine which would have devastated me financially for years to come, but with his passionate submission to crown on my behalf he was able to get the fine reduced by 90%. His colleagues he works with are amazing too. Thank you so much for all of your help through this matter Igor! You truely have saved my future. I appreciate it beyond measure! All the best in the future!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