When facing assault with a weapon charges, it’s critical to have an experienced criminal lawyer on your side to make sure that your version of events is heard and backed up by as much evidence as possible.
According to Canadian criminal law, assault with a weapon or causing bodily harm can occur in various forms where an offender carries, uses, or threatens to use a weapon, or an imitation of one, and inflicts bodily harm. Any item can be considered a weapon when used to inflict harm, ranging from household items to easily identifiable weapons, such as guns or brass knuckles.
Assault with a Weapon – Canadian Criminal Code Definition
Section 267 of the Criminal Code outlines the penalties for assault with a weapon or causing bodily harm. When accompanied with the use of a weapon, assault can be treated as a summary conviction or an indictable offence. The treatment of the offence is dependent upon the injuries sustained.
What Are the Minimum and Maximum Sentences for Assault with a Weapon in Canada?
This type of criminal offence does not carry a mandatory minimum penalty. However, it is an offence punishable by way of a maximum penalty that varies:
- 18 months incarceration if the Crown prosecutes by summary conviction
- 10 years incarceration if the Crown prosecutes by indictment
- 14 years incarceration if the Crown prosecutes by indictment when the offender is convicted of intimate partner violence a second time