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Toronto Assault Charges Lawyer

Assault with a weapon charges in Canada

When most people think of weapons they think of guns and knives. In the Toronto area most domestic assault with a weapon cases involve regular household items. This is because virtually any object is legally considered a weapon under Criminal Code Section 267 if it is used or held during an assault or at the time a threat is uttered (even a pillow could be a weapon).

In the domestic context, the weapon is most often things like:

  1. Cell phones
  2. Cutlery and dishes
  3. Bottles (often alcohol)
  4. Sticks
  5. Hammers
  6. Appliances
  7. Remote controls
  8. Bats, hockey sticks, golf clubs
Sometimes sharp objects such as kitchen knives, box cutters, and needles are also used. The more dangerous the “weapon” being used is, the more aggravating the case is considered.

Assault with a weapon cases often arise in cases where there is no injury whatsoever to the victim

Arguments get heated and sometimes an accused in the course of assaultive behaviour will be holding a household item as a weapon without any intent to actually use it. As such there is no injury and sometimes no contact with the victim whatsoever. They are still, however, charged with the aggravating offence of assault with a weapon instead of a common assault. These individuals would likely only face a common assault charge had they not had an item in their hand and instead slapped, pushed, or grabbed their partner (although all forms of domestic assault charges are serious)

Cases resulting in injuries to the victim

If the victim is injured as a result of the incident, the Police may include the offence of assault causing bodily harm. Common injuries include bruising, redness, and sometimes minor cuts to the victim. Sometimes it is hard to determine whether the mark/redness was caused by the incident itself or something unrelated. The police will photograph and visible injuries to use as evidence against the accused. Obviously, the worse or more permanent the injury, the more harshly the defendant will be prosecuted.

US Travel implications

Another important consideration is that while a simple common assault (s. 266) is normally not considered a moral turpitude offence by US Customs, the more aggravating charges of assault with a weapon, assault causing bodily harm, and uttering threats are. As such accused individuals may be denied entry at the border if the additional charges are included. It is the job of the person’s lawyer to do everything possible to have the moral turpitude offences dropped so that the defendant can travel freely.


Call us today for a free assessment

If you have been encouraged to take a case to trial when the facts are relatively minor (no weapon used or significant injury) and the "victim" is on your side, call us today for a second opinion. Often these types of charges can be withdrawn and the release conditions varied to allow contact without a risky and unnecessary trial.

You don't need to be apart from your spouse and family, spend tens of thousands of dollars, and risk getting a criminal record because of an unfortunate domestic incident. We charge a flat fee of $5000.00 +hst for most cases that we are able to resolve without a trial.



   call us: 647-228-5969

   contact@torontoassaultlawyer.ca


    call us: 647-228-5969

    contact@torontoassaultlawyer.ca

Your case will be defended by a fully licensed Practicing Lawyer of the Law Society of Ontario. For more information about our lawyer, click here.

We provide our clients with:
  • Flat fee pricing
  • US travel advice and information
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • Clear goals of getting charges dropped and bail conditions varied without a trial
  • Help with related immigration issues
  • Vulnerable Sector records suppression help
  • Experienced, focused counsel


* Please note:

If you are the alleged victim, and are looking to help your spouse/partner's case, please see our affidavit services page here.

If you are not a paying client, we cannot answer questions and provide assistance with US travel, immigration, employment background checks, and avoiding a criminal record. This includes those who have already retained other counsel and those whose cases have already been completed.

We only can take calls/emails relating to GTA area cases. Please see our FAQ for a listing of the courthouses we service.

Are you a lawyer? If you are defending a domestic assault/threats/mischief related case and are looking for expert advice regarding possible defences and case strategies, call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.


         

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  We provide:
  • Flat fee pricing
  • US travel advice and information
  • Employment background check advice/services
  • Fingerprint and records destruction
  • Clear goals of getting charges dropped and bail conditions varied without a trial
  • Help with related immigration issues
  • Vulnerable Sector records suppression help
  • Experienced, focused counsel
  We provide:
  • Flat fee pricing
  • US travel advice and information
  • Employment background check advice/services
  • Fingerprint and records destruction
  • Clear goals of getting charges dropped and bail conditions varied without a trial
  • Help with related immigration issues
  • Vulnerable Sector records suppression help
  • Experienced, focused counsel