A charge of domestic assault with a weapon is among the most serious allegations an individual can face in Canada’s criminal justice system. While it shares legal elements with general assault charges, domestic assault with a weapon carries additional legal, procedural, and social consequences due to its classification as an intimate partner violence offence.
This article outlines everything you need to know if you or someone you care about is facing a charge of domestic assault with a weapon. We’ll cover the legal definition, how it’s different from non-domestic assault charges, possible defences, and the importance of working with an experienced criminal defence lawyer.
What Is Domestic Assault with a Weapon?
Domestic assault with a weapon refers to an allegation that a person has assaulted an intimate partner, spouse, former spouse, or family member using or threatening to use a weapon. The term “weapon” includes not only obvious items like knives or guns but also:
- Kitchen utensils
- Household tools (hammers, wrenches)
- Broken glass
- Phones or remotes thrown during a dispute
- Even pets used to threaten harm
Under Section 267 of the Criminal Code, the basic definition of assault with a weapon remains the same, but when it occurs in a domestic context, police, prosecutors, and judges treat it with heightened seriousness due to concerns around public safety and repeat violence.
Key Differences Between Domestic and Non-Domestic Assault with a Weapon
Mandatory Police Response
In domestic assault cases, police are required to lay charges if there are reasonable grounds, even if the alleged victim does not want charges laid. This “zero tolerance” policy means many people are charged before the facts are fully examined.
No-Contact and Bail Conditions
Following arrest, an accused person is typically prohibited from contacting the complainant, which can force them out of the home and cut off contact with children. These conditions are often strictly enforced and difficult to amend without court intervention.
Crown Policy on Domestic Violence
Crown prosecutors follow strict guidelines for prosecuting domestic violence offences. They are less likely to withdraw charges or offer diversion, especially where a weapon is alleged to have been involved. This makes defending against the charge even more critical.
Impact on Family Law and Immigration
A domestic assault with a weapon charge can affect ongoing custody or divorce proceedings, and may also result in immigration consequences, including deportation or inadmissibility for permanent residents or non-citizens.
What the Crown Must Prove
To convict someone of domestic assault with a weapon, the Crown must prove beyond a reasonable doubt:
- That an assault occurred
- That the complainant was an intimate partner, spouse, or family member
- That a weapon was used, carried, or threatened
- That the accused intentionally committed the act
- That the accused was the person who committed the assault
Any uncertainty on these points—especially around intent, identity, or the presence of a weapon—can form the basis for a defence.
Possible Penalties
Because domestic assault with a weapon is a hybrid offence, the Crown can proceed by indictment or summary conviction. The maximum penalty is 10 years in prison if prosecuted by indictment.
Other possible consequences include:
- A permanent criminal record
- Probation and mandatory counselling
- Loss of access to children
- Firearm prohibitions
- Difficulty finding work or housing
- Removal from Canada (for non-citizens)
The presence of prior domestic violence allegations can make sentencing significantly harsher.
Common Defences to Domestic Assault with a Weapon
Every domestic assault case is different, and your lawyer will choose a strategy based on the facts and available evidence. Some commonly used defences include:
Self-Defence
If you were protecting yourself or another person (including a child), and the force used was reasonable in the circumstances, self-defence may apply—even if you used an object that could be considered a weapon.
Fabricated or Exaggerated Allegations
Domestic situations can be emotionally volatile, and accusations are sometimes made out of anger, revenge, or as leverage in family disputes. If the complainant’s version of events is inconsistent or contradicted by evidence (e.g. text messages, witness statements), this can raise reasonable doubt.
Lack of Intent
If an object was used unintentionally or during an accident, it may not meet the threshold of assault with a weapon. For example, throwing an object in frustration that accidentally strikes a partner is not necessarily the same as deliberately using it to cause fear or injury.
No Weapon Was Used
In some cases, police overcharge based on assumptions. An experienced lawyer may argue that the object in question doesn’t meet the legal definition of a weapon or that it was never used in a threatening or harmful way.
Why You Need a Lawyer for a Domestic Assault with a Weapon Charge
These cases are highly sensitive, emotionally charged, and legally complex. The potential fallout affects every aspect of your life—your freedom, your family, your reputation. An experienced criminal defence lawyer can:
- Review the strength of the Crown’s case
- Challenge weak or contradictory evidence
- Negotiate for bail with favourable conditions
- Explore options for resolution, including withdrawal or peace bonds
- Represent you at trial and argue for acquittal if necessary
Your lawyer will also work to minimize the long-term impact of the charge on your family, career, and immigration status.
Take Action Immediately
If you’ve been charged with domestic assault with a weapon, here’s what to do:
- Do not contact the complainant, even if they reach out first. Violating no-contact orders can lead to more charges.
- Hire a criminal defence lawyer immediately to represent you in court and at your bail hearing.
- Do not speak to police without legal representation.
- Gather any evidence that may support your version of events, including text messages, emails, or videos.
- Secure a place to stay if you are not permitted to return home under bail conditions.
Schedule a Free Consultation with Lichtman Law
A domestic assault with a weapon charge can turn your life upside down. Don’t face the system alone. Lichtman Law has years of experience defending clients against domestic violence charges across Ontario. We know how to challenge the Crown’s case, advocate for your release, and build a strong defence aimed at securing the best possible outcome.
Schedule your free consultation today and take the first step toward reclaiming your future.