Misconceptions About Assault with a Weapon
When you hear the term assault with a weapon, you might immediately think, That could never be me! I don’t carry weapons, and I’m not a violent person. While this charge is often associated with serious criminals, you might be surprised at how everyday situations can lead to such accusations.
Legal Definition of Assault with a Weapon
According to the Criminal Code of Canada, assault with a weapon is defined as:
Section 267:
Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, in committing an assault,
- carries, uses or threatens to use a weapon or an imitation thereof.
What Qualifies as a Weapon?
The Criminal Code defines a weapon as:
Any thing used, designed to be used, or intended for use
- (a) in causing death or injury to any person, or
- (b) for the purpose of threatening or intimidating any person.
This definition includes obvious items like firearms or knives, but it can extend to virtually anything when used with intent to harm or intimidate.
Surprising Everyday Items That Can Be Weapons
Most people associate weapons with sharp or inherently dangerous objects like knives, firearms, or brass knuckles. However, the law considers the use of the object, not just its nature. Here are some surprising examples of objects that have been classified as weapons in assault cases:
- Pool cues
- Drinking glasses or bottles
- Cell phones
- Chairs
- High-heel shoes
- Snow globes
These ordinary objects become weapons when used to cause injury or threaten someone.
How Everyday Actions Can Lead to Charges
Imagine a heated argument where, in frustration, you throw your phone, and it hits someone, causing injury. Even though a cell phone is a harmless everyday item when used appropriately, in this context, it becomes a weapon. The consequences of that single impulsive act could lead to a criminal charge of assault with a weapon.
Potential Legal Consequences
Assault with a weapon is a serious offence, carrying a maximum penalty of 10 years of imprisonment if convicted as an indictable offence. Even if the case proceeds by summary conviction, the penalties can still be significant.
Charged with Assault with a Weapon?
If you are facing charges, it’s crucial to seek legal guidance immediately. Our experienced team is here to help you navigate the complexities of the legal process.
Call us today at 604-685-8889 for a consultation.