Assault with a Weapon is contained in Section 267 of the Criminal Code
267 Every one who, in committing an assault,
- (a) carries, uses or threatens to use a weapon or an imitation thereof, or
- (b) causes bodily harm to the complainant,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
Most individuals think that assault with a weapon would involve a gun or a knife,t what is commonly considered as a weapon. However, that is not necessarily the case. In fact most of these cases involve a “weapon” that just happened to be in the hands of the accused or close by at the time of the altercation. For example, a cell phone can be considered a “weapon” if it is thrown at a person.
The charge of assault with a weapon is often added to the list of charges laid in domestic situations even when the article thrown does not hit the complainant just thrown in their general direction.
Depending on circumstances there are a number of possible defences to the charge of assault with a weapon; the first and most obvious being self defence.
In many domestic related cases a lawyer can negotiate the withdrawal of this charge as part of global resolution.
A conviction for the charge of assault with a weapon can cause travel issues with respect to the United States. If charged, arrested, detained or simply under investigation, consult a lawyer as soon as possible. You have the right to remain silent when confronted by police. A lawyer will be able to provide you advice as to whether you should provide a statement or not. More often than not, the advice will be to exercise your right to remain silent and simply state. “I have nothing to say”.