To constitute an assault with a weapon charge, it is required that a person assaults another person while carrying, using or threatening to either use a weapon or an imitation of a weapon. Regardless if the victim sustained injuries or not, the Crown only needs to prove that the weapon was used in course of the offence and that the object was in fact a weapon. By definition, a weapon is considered to be “anything used, designed to be used or intended for use; (a) in causing death or injury to any person or (b) for the purpose of threatening or intimidating any person.”

The most common charges under an assault with a weapon offence:

  • Assault – Criminal Code section 265 or section 266 of the Criminal Code
  • Uttering Threats – Criminal Code section 264.1
  • Assault Causing Bodily Harm – Criminal Code section 267(b)
  • Assault with a Weapon – Criminal Code section 267(a)
  • Aggravated Assault – Criminal Code section 268

The Penalties

  • Criminal record
  • Jail time of up to 10 years
  • Probation
  • Fine of up to $5000
  • Mandatory firearms prohibition
  • Victim fine surcharge
  • Court ordered to have no contact with victim

Common Questions

I didn’t have a weapon!

A person can be charged with assault with a weapon if they threatened to use a weapon, but did not have one at the time.

What can I do to fight this charge?

Every case is different so it is strongly recommended to give Mike a call. Upon hearing the details of your case, he will be able to further determine the best way he can help you.

What is the difference between an assault, an assault with a weapon, an assault causing bodily harm and an aggravated assault?

The difference between an assault and an assault with a weapon is the vehicle used to deliver the force. Typically an assault, or "simple assault", is caused by the unwanted application of force from the hands, legs or feet (kicking, punching, etc.) As assault with a weapon involves the application of force with in inanimate (bat, knife, stick, etc.) object. When speaking about the difference between assault, assault causing bodily harm and aggravated assault, it is the harm suffered as a result of the application of force. To be considered an assault causing bodily harm, there must be an injury which lasts more than a short period of time, but will likely heal without lasting consequences.  Severe bruising and minor broken bones could be examples. In order for an assault to meet the definition of an aggravated assault, the injury must be much more substantial. Any sort of injury that wounds, maims, disfigures or endangers the life of another meets the definition of an aggravated assault. The degree of harm cause by an assault will dictate the type of sentence imposed if convicted.