Facing a charge of assault with a weapon in Canada is a serious matter with significant legal consequences. Whether the weapon involved was a knife, a bat, or even a household object, this type of charge is treated more severely than simple assault. It’s essential to understand how the law defines assault with a weapon, what the Crown must prove to convict you, and what defences are available.
In this article, we explain the charge in detail, outline the penalties, and highlight what you should do if you or someone you care about is facing this criminal accusation.
What Is Assault with a Weapon?
Section 267 of the Criminal Code of Canada defines assault with a weapon as an offence that occurs when a person:
- Carries, uses, or threatens to use a weapon (or an imitation) while committing an assault.
You do not need to cause physical injury to be charged. The mere act of threatening someone while holding a weapon—or using an object in a way that causes fear or intimidation—may be enough.
The legal definition of a “weapon” is broad and includes not only obvious items like guns and knives but also:
- Baseball bats
- Broken bottles
- Rocks
- Tools
- Household items like scissors, frying pans, or even chairs
In some cases, even a dog used as a threat can qualify as a weapon under the law.
Elements the Crown Must Prove
To secure a conviction for assault with a weapon, the Crown prosecutor must prove the following beyond a reasonable doubt:
- An assault took place – This includes applying force, attempting or threatening to apply force, or acting in a way that causes the other person to believe they are about to be assaulted.
- A weapon was used, carried, or threatened – This could involve striking someone with an object or simply brandishing it in a threatening manner.
- Intent – The accused must have intended to use or threaten to use the object in a way that instills fear or causes harm.
- Identity – The Crown must prove that the accused is the person who committed the act.
If any of these elements cannot be proven, the accused cannot be found guilty.
Penalties for Assault with a Weapon
Assault with a weapon is a hybrid offence, meaning the Crown can proceed by summary conviction or by indictment, depending on the severity of the case and the circumstances.
If prosecuted by indictment:
- Maximum penalty: Up to 10 years in prison
If prosecuted summarily:
- Maximum penalty: Up to 2 years less a day in jail and/or a fine
Other consequences may include:
- A criminal record
- Probation
- Firearm prohibitions
- Immigration consequences for non-citizens
In cases where the accused has a prior record or where serious injuries were inflicted, the penalties are typically more severe.
Common Defences to Assault with a Weapon
Every case is unique, and your defence strategy will depend on the specific facts. However, some of the most common legal defences include:
Self-Defence
Under Section 34 of the Criminal Code, you are legally entitled to use reasonable force to defend yourself or another person, as long as:
- You believed force was being used against you or someone else
- Your actions were reasonable in the circumstances
If you used an object as a weapon during an act of self-defence, this could justify your conduct.
Defence of Property
In some situations, force can be used to prevent someone from unlawfully entering or damaging your property, as long as the force is reasonable and proportionate.
No Weapon Was Used
Sometimes, the Crown will charge someone with assault with a weapon when the object in question was not actually used in a threatening manner. If the weapon was merely present but not used to cause fear or harm, the charge may not be appropriate.
Identity
If there is insufficient evidence that you were the person who committed the assault, or if witness testimony is inconsistent, your lawyer can raise reasonable doubt as to your involvement.
Consent
In very rare cases—such as consensual physical altercations like a mutually agreed fight—consent may be a defence, although this typically doesn’t apply when a weapon is involved.
What to Do If You’re Charged
If you’ve been charged with assault with a weapon:
- Do not speak to the police without a lawyer present. Anything you say can be used against you.
- Hire a criminal defence lawyer immediately. Early intervention can make a significant difference in your case.
- Follow all bail conditions strictly if you are released.
- Avoid contact with the complainant. This includes direct messages, phone calls, or social media communication.
- Preserve evidence. Save any messages, photos, or witness names that may support your side of the story.
Why You Need a Criminal Defence Lawyer
Assault with a weapon is not a minor offence. A conviction can have lasting consequences on your freedom, career, and immigration status. An experienced criminal defence lawyer can:
- Analyze the strength of the Crown’s case
- Identify weaknesses or legal errors
- Develop a strategy for pre-trial resolution or trial
- Represent you in court and protect your rights
In some cases, your lawyer may be able to negotiate a withdrawal of charges, a peace bond, or a lesser charge, depending on the facts.
Schedule a Free Consultation with Lichtman Law
If you are facing a charge of assault with a weapon, you need immediate legal guidance. Lichtman Law has extensive experience defending clients charged with serious assault offences across Ontario. We understand how to challenge the evidence, advocate for your rights, and work toward the best possible result.
Schedule your free consultation today and let us help you move forward with a strong defence.