When you are charged with assault with a weapon, like assault, the Crown Prosecutor must prove the intentional application of force to another person without their consent. The definition of a “weapon” is not restricted to conventional items such as guns, knives or batons. The Court has considered other items, such as cooking utensils, as weapons.
Assault with a weapon is what is known as a “hybrid” offence, meaning the offence can be prosecuted in two ways: through summary conviction or indictment. A summary offence is one which is generally considered less serious and will be heard by a Provincial Court Judge. Indictable offences, on the other hand, are considered to be more serious and generally see a higher punishment at sentencing.
When You Are First Charged
When Police arrive, you may be given an Appearance Notice or Promise to Appear without being formally arrested. If you are formally arrested and taken into Police custody, you may be released on an Undertaking which may contain conditions. It is important to retain these documents, as they list the date and time of your first appearance in Court.
The notice will also tell you which Courthouse to attend at. Sometimes smaller communities do not have a Courthouse and you may need to attend Court in a neighbouring community. This may be a different Courthouse than where you live. For example, if you are charged with assault with a weapon in Edmonton, you will likely be required to attend Court in Edmonton, even if you normally reside outside the city.
If you are arrested, you may be required to have a Bail Hearing. In this case, a Justice decides whether you should be released prior to trial, and what conditions you must follow.
If you do not follow the conditions of your release, you are likely to face additional charges. Common conditions include not attending at a certain address (such as were the alleged assault occurred or where the alleged victim lives), refraining from contacting the alleged victim and not possessing any weapons.
You may also be required to attend a police station to provide fingerprints on or before a certain date. If you do not, you will likely face additional charges.
What You Can Expect
It is very important to retain legal assistance if you are charged with assault with a weapon. It is a serious offence and a conviction can result in a criminal record, even if it is the first time you have been charged. A criminal conviction often invites additional challenges going forward. You may be prohibited from entering certain countries, such as vacationing in Mexico or the United States. You may also face obstacles in obtaining or retaining your employment. If you are not a Canadian citizen, you could face additional, and severe, immigration consequences.
Being charged with a criminal offence is an overwhelming and scary situation; Mr. Ziv will asses the case against you and will work with you to obtain the best possible result available to you, whether that is a withdrawal of the charge, a reduction at sentencing or even a full acquittal at trial. While a number of defences may be available to you, the best defence is a thorough and properly executed one.
Sentencing
While each case is unique, possible sentences for a conviction under s 267(a) of the Criminal Code of Canada (assault causing bodily harm) include:
- Jail (Up to 14 Years)
- Fines
- Probation
- Discharge
- Ancillary Orders such as: Record of DNA in national police database, weapons prohibition, delayed parole, restitution.