Assault With a Weapon Defence Lawyers
Assault With a Weapon
An allegation of assault with a weapon requires the Crown to prove the assault and the alleged connection between an object and the incident.
At Shikhman Barristers, the defence examines what the object was, how it was allegedly carried, used or threatened and what the evidence establishes about the surrounding circumstances.
What the Crown Must Prove
The prosecution must establish the elements of assault and prove that the accused carried, used or threatened to use a weapon or an imitation weapon in committing the alleged offence.
The analysis must remain tied to the conduct alleged and the evidence available. The presence of an object does not, by itself, prove how it was used or what the accused intended.
When an Object May Be Treated as a Weapon
An object that has an ordinary lawful purpose may still be alleged to have been used as a weapon. Its classification depends on the object, the purpose for which it was used or intended and the context of the event.
Photographs, physical evidence, medical records and witness descriptions may be important to that assessment.
Available 24/7 for Your Call
Legal issues do not always happen during business hours. Shikhman Barristers is available 24/7 to take your call, answer your initial questions, and discuss your next steps.
Video, Witness Accounts and Sequence
These cases often involve different accounts of a fast moving encounter. Surveillance footage, recordings, photographs and independent witnesses may assist in establishing the sequence of events.
The defence considers whether the object was present, who possessed it, what was said and whether the allegation is consistent with the remaining evidence.
Self Defence and Defensive Use
Where the evidence raises self defence, the court must consider whether the accused acted for a defensive purpose and whether the response was reasonable in the circumstances.
The existence of an object does not prevent self defence from being considered, but it may be important to the assessment of reasonableness.
Bail and Weapons Conditions
An allegation involving a weapon may result in strict release conditions or a contested bail hearing. A proposed release plan should address the concerns arising from the evidence and the person’s circumstances.
Conditions involving weapons, contact or attendance must be followed unless they are formally varied.
When to Contact a Lawyer
Contact a criminal defence lawyer as soon as you are under investigation, arrested or asked to surrender. Early legal advice provides time to preserve evidence, assess the allegations and begin preparing your defence.
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Request a Confidential Consultation
If you are under investigation, have been arrested or are facing a criminal charge, bail hearing, trial or appeal, contact Shikhman Barristers to discuss your circumstances and understand the next step. If you have been detained or arrested, exercise your right to remain silent and ask to speak with a lawyer before answering questions about the allegation.
416-365-3151
Toll-free: 1-888-508-9178
Available 24/7
Email: info@crimlawcanada.com
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