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Barrie Lawyer Defends Assault with a Weapon
If you are charged with assault with a weapon or any other violent crime, your freedom may depend on hiring a knowledgeable and experienced criminal defence lawyer to defend you against the assault charges that are being brought. The charge of assault with a weapon can entail long-term imprisonment. It is critically important to align yourself with an effective and experienced criminal defence lawyer.
What is Assault with a Weapon?
The crime of assault with a weapon is a serious one. The definition of assault is widely misunderstood. You do not have to physically strike or shoot someone to be guilty of the crime of assault with a weapon. The mere threat of bodily harm with a weapon is enough. If you are holding or carrying a firearm or other weapon while making the threat you have now committed assault with a weapon, a more serious charge (based on available maximum penalties) than a common assault. In fact, if you carry through with your threat and your actions’ result in harm to the victim, you can be charged with assault causing bodily harm.
What is considered a ‘Weapon’?
A weapon can be defined as an object that is designed or intended, when used, to cause injury or death to another person or threaten the use thereof. A weapon does not have to be the cause of the injuries to be included in the Crown's charges. Merely carrying one can be intimidating enough to cause a person to flee, fall, trip or otherwise injure themselves. The only proof necessary is that the weapon was used during the commission of the offence.
What are the penalties for assault with a weapon?
If you are found guilty of assault with a weapon, you are guilty of a serious crime that carries with it severe penalties. If the prosecution proceeds by indictment you can receive a maximum prison sentence of up to 10 years. If you are convicted of a summary offence, your sentence cannot exceed 18 months.
If the Crown prosecutor proceeds by indictment, there is a mandatory firearms prohibition; whereas there is a discretionary firearms order when the Crown proceeds summarily. The Crown may also seek a DNA order which will require you to provide a sample of your DNA to be included in the National databank. If this is a repeated action.
You can be charged with domestic violence if there was physical or sexual force involved, even if it was perceived to be threatened but was not carried out. A charge of assault with a weapon can also result from any number of ‘non domestic’ situations with friends or strangers. Regardless of the circumstances, if you are charged with assault with a weapon or any other violent crime you should call The Law Firm of Ted Yoannou, P.C., first.
You have the right to remain silent and we recommend you do so. Let us do all the talking for you. Your freedom hinges on hiring the best criminal defence lawyer, one who will aggressively leave no stone unturned to defend you against the assault charges that are being brought against you. Please contact our office immediately for a free consultation by phone.