Assault With A Weapon Lawyer in Oakville

An assault with a deadly weapon occurs when an attacker accompanies a physical attack with a physical object capable of inflicting serious bodily injury or death, by virtue of its design or construction. Because the use of a dangerous object creates a risk of such serious consequences, all provinces classify assault with a deadly weapon as a felony.

(Judges and lawyers often refer to the crime as “ADW.”). An assault is considered more serious if the perpetrator uses a weapon. Assault with a weapon requires an assault and the use or threatened use of a weapon. In criminal law, a weapon can be anything that is used as a weapon.

What Defines a “Deadly Weapon”?

A deadly weapon is usually an object, instrument, substance, or device which is intended to be used in a way that is likely to cause death, or with which death can be easily and readily produced. A deadly weapon need not be a weapon in the traditional sense.

A deadly weapon is generally defined as a firearm or anything manifestly designed, made, or adapted for the purposes of inflicting death or serious physical injury. The term includes, but is not limited to, a pistol, rifle, or shotgun; or a switch-blade knife, gravity knife, stiletto, sword, or dagger; or any billy, black-jack, bludgeon, or metal knuckles.

For instance, defendants who have been found guilty of assault with a deadly weapon have acted in the following manner:

• Attacking someone with a bat or other athletic gear.
• Wielding a knife at someone, intending to injure her.
• Aiming a gun at someone’s head and threatening to pull the trigger.
• Purposely using a vehicle to hit another driver or pedestrian.
• Running after a person with an ax.

What is the difference between Assault and Battery?

Historically, battery and assault were considered separate crimes, with battery requiring that the aggressor physically strike or offensively touch the victim. In that way, a battery was a “completed” assault. Many modern statutes don’t bother to distinguish between the two crimes, as evidenced by the fact that the phrase “assault and battery” has become as common as “salt and pepper.” These days, statutes often refer to crimes of actual physical violence as assaults.

A battery occurs in two ways. The first way is by intentionally striking another person against their will. The second way is to intentionally cause bodily harm to another. Battery is a first-degree misdemeanor, subject to up to a year in jail and up to a $1,000 fine.

Is Carrying a Deadly Weapon Illegal?

Depending on the state, carrying a gun may be legal if the person has a permit. Carrying concealed weapons, illegal or dangerous, can warrant serious charges. Items such as switchblade knives, brass knuckles, or machetes, are illegal to carry, among-est others.

What is the Penalty for Assault with a Weapon?

A weapon, under Canada’s Criminal Code s.2, can be anything that is intended to be used to threaten or intimidate someone, or to cause injury or death to a person. This offence is considered a very serious crime and therefore consequences are severe. Under section 267 of the Criminal Code of Canada, the maximum sentence for assault with a weapon is ten years in prison.

For possession, you risk getting a maximum term not exceeding 10 years for an indictable offence and a minimum 3 years for a first case offence or 5 years for a second or subsequent offence or a maximum 1-year jail term or a $5,000 fine if found guilty of an offence punishable on summary conviction.

Common Defence in Assault with Deadly Weapon(ADW)

The defenses to assault with a deadly weapon are self-defense, lack of specific intent, lack of willfulness or that you simply are not the suspect. It is no defense that no one was injured. Assault is the use of a threat or show of force to frighten another person, threaten that person or otherwise create anxiety. Many law school professors like to describe it as a mental injury.

There are several common defenses your lawyer may use to defend you against the charges. The most common is that you were acting in self-defense. If you reasonably believed that you were in danger and force was the only way to protect yourself, this defense may be successful.

Another common defense is to evaluate whether your constitutional rights were violated before or after your arrest. For example, your attorney might investigate whether evidence of a deadly weapon was obtained through an illegal search or whether you did not read your Miranda rights before being interrogated.

Seek a Legal Help

Assault charges can arise from many different types of situations. No matter what the circumstances, it is important to seek out reputable counsel to defend your rights, freedom and reputation. People charged with offences, including Assault with a Weapon, for the first time are treated somewhat differently from people with long criminal records. Experienced counsel can assist in obtaining great results for first time assault charges. This may include diversion before trial or favourable plea agreements. Contact us to discuss your case and what to expect.