Assault with a weapon | Daley Byers | Criminal Lawyers that will fight for your rights!

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”.

Cost to Defend Assault with a Weapon Charges

The cost of defending a Assault with a Weapon Charges will depend on the nature and complexity of the case. Our fee for a Assault with a Weapon Charges varies. On average, our minimum engagement for a Assault with a Weapon Charges begins at $3,000. The final retainer may vary based on the circumstances of the charge, the amount of work required, and whether the retainer can be paid as a lump sum upfront or requires an alternative payment arrangement.

Because every case is different, we encourage you to speak with us before making any financial commitment. Our team will review your situation, explain the anticipated legal fees, and help you determine whether retaining private counsel is the right option for your case.