ASSAULT with a WEAPON CHARGES? ASSAULT causing bodily harm?

What is assault with weapons? Assault causing bodily harm?

Assault with a weapons or assault causing bodily harm is a more serious form of assault, defined under Section 267 of the Criminal Code of Canada. 

When an assault occurs with an intentional application of force onto another person without their consent involving the use of a weapon, it is known as an assault with weapon. 

If there is an assault, and the injury is more “transient or trifling”, than you could be charged with assault causing bodily harm.

Under section 267 of the Criminal Code, you can be charged with assault with a weapon or assault causing bodily harm, if you -

• Cause bodily harm to the victim or complainant
• Use or threaten to use a weapon
• Suffocate, choke and strangle the complainant

What is a Weapon:

Under section 2 of the Criminal Code of Canada, a weapon is something that is used or designed to use to harm, injure or kill a person or threat or intimidate another person. It can be any sharp objects, like knives, firearms, shoves, or something that causes bodily harm.

What if there was consent?

In most cases, one can be charged with an assault with a weapon charge, when there is a lack of consent.  However, depending on the circumstances, the consent of the person might be relevant consideration. 

Nevertheless, there are cases that suggest that you can never consent to bodily harm, even if you consent to a fight.   These decisions are guided by public policy considerations.

To understand the difference between what can and cannot be consented on your situation, a consultation with a professional lawyer would be the smartest. 

While consent is not wholly relevant, the issue of whether the action were intentional is oftentimes a more relevant consideration.

Arrest and Bail:

If you are arrested for an assault with a weapon charge, or assault causing bodily harm, you should hire a professional assault lawyer and speak to them to get expert legal advice.

Since the assault with a weapon is a serious case, you could be held in custody for 24 hours for a bail hearing, and then you will be brought to the Crown. 

If you have already hired a professional criminal lawyer, they will interact with the police and start working on your release from custody. 

Your release might depend on several factors, including the nature of the assault, your chance of reoffending, and your ability to maintain all the conditions. 

However, there are certain grounds of detention on which bail can be denied. The three grounds are 

• Primary ground - When there is the risk that you might not attend court;
• Secondary ground - If you pose a threat to the public, given your record ;
• Tertiary ground - If custody is required to maintain confidence in the administration of justice.

The bail condition can also be restricted as following 

• Supervision through sureties;
• Keeping no contact with some people or the victim
• Restrictions on where you can travel.
• Curfews or house arrest, including ankle monitoring;
• Refraining from the use of drugs and alcohol;
• Mandatory counseling;

Consequences if found guilty:

Since assault with a weapon is a serious criminal offence, if you are found guilty, the consequences can include a jail sentence. You will not only have a criminal record, but you can also face more or less two years of sentences and a fine of up to $5000. 

Depending on the severity of your charges, the Crown can make a weapons prohibition order and a DNA order.

It is Vital to Hire a lawyer:

If you are charged with a criminal offence like an assault with a weapon, only a lawyer can help you get out of this situation.  If you are found guilty, a lawyer considers all the circumstances and negotiate with the Crown to lessen your sentences.

At Regina Criminal Law, we work hard to lessen your punishment by doing every possible thing we can do for you. We

• Make sure you get a release with the most favourable conditions
• Negotiate with the Crown on your behalf and advise you of your options;
• Build a strong defence by assessing all the evidence against you so that the charges are withdrawn, or you are acquitted
• Ensure that the Crown meets its disclosure obligations;
• Help you understand the criminal justice system;
• Collect evidence that supports your version of the events and question the complainant's reliability and credibility;