Firearms and Weapons Charges
Weapons offences are very serious and recent amendments to the Criminal Code of Canada have increased the penalties upon conviction dramatically including mandatory minimum sentences of incarceration. (note – a number of minimum sentences have been struck down as being unconstitutional) Anyone facing a weapons charge requires an experienced lawyer.
Daley, Byers’ experience in the various jurisdictions in the Greater Toronto Area, including the Regions of York, Peel, Halton, Hamilton/ Wentworth, Lincoln and Welland provides the necessary expertise that these serious charges demand. Call today for your free consultation; do not delay.
With over 30 years of experience, the lawyers at Daley, Byers have successfully defended all types of weapons charges under the Criminal Code of Canada. Whether the charge arises in the context of domestic violence or otherwise, Daley, Byers lawyers will have seen similar circumstances in previous cases they have defended.
Don’t plead guilty. There are so many defences available depending on circumstances that can give rise to a finding of not guilty or a withdrawal of the charge. In addition plea bargaining is often very successful and can result in charges being withdrawn. We have done cases where our clients need to carry firearms in order to maintain their employment (example – Security). We have successfully negotiated resolutions that allow them to keep their jobs and carry firearms for that particular purpose.
We have won cases where we have successfully challenged whether the item in question qualified as a firearm.
We have won cases where we challenged the Crown’s proof of “possession”. For example when a gun is found in a car with more than one person in the car – whose gun was it?
There are a number of weapons charges that carry minimum jail sentences. These are all subject to constitutional challenge. Some minimum sentences have already been struck by the Supreme Court of Canada.
Weapons charges including firearm charges are found in Part III of the Criminal Code sections 84 -117.
The most commonly seen charges are listed below, although there are numerous other charges found in the Criminal Code relating to firearms.
Careless use of a firearm s. 86 Criminal Code of Canada
Careless storage of a firearm s. 86 Criminal Code of Canada
Pointing a firearm s. 87 Criminal Code of Canada
Possession of Weapons dangerous s. 88 Criminal Code of Canada
Carrying a concealed weapon s. 90 Criminal Code of Canada
Unauthorized possession of a firearm s. 91 Criminal Code of Canada
Possession of a firearm knowing possession unauthorized s. 92 Criminal Code of Canada
Possession of a restricted weapon s. 95 Criminal Code of Canada
Possession of a prohibited or restricted firearm with ammunition s. 95 Criminal Code of Canada
Prohibition orders s. 109 Criminal Code of Canada
There are other charges relating to “weapons” that are not in Part III of the Criminal Code and do not necessarily involve firearms. We have seen domestic violence altercations where the police have laid charges of assault with a weapon where the weapon involved is a cell phone thrown in the direction of the complainant, a cup, a butter knife, a shoe, a purse etc.
Possession of Weapons Dangerous s. 88 Criminal Code of Canada
When you step into our offices you are looking for the best legal defence for your situation. Our defence team will provide you with the guidance, advice and confidence that you need to move forward. Our experience, knowledge and our committed approach to the defence of all of our clients will assure you of the best defence available. No stone will be left unturned.
Mission Statement: “Winning is Everything!” If there is a way to win it, we will find it.