Are You Charged With Assault With a Weapon? Here Is What It Means

In Canada, Assault With a Weapon refers to the criminal offence in section 267(a) of the Criminal Code of Canada. It is a crime that is more serious than plain assault (and carries a heavier penalty) but not as serious as aggravated assault. So, assault with a weapon lies somewhere between these other two offences.

What is assault with a weapon?

Assault with a weapon has a two-pronged definition. It means that force is applied to someone without their consent or the person strongly believed that force would be applied imminently. And, in addition, while this force was applied or threatened, a weapon was used. 

Weapon has a wide definition under Canadian law. A weapon can be anything that is used to threaten someone else ranging from a gun to a broomstick. Even if the weapon was fake and made of soap, for example, if the other party believed that the weapon was real, and was afraid, then the law views it as a weapon.

If the aggressor did not even show the weapon, but said, for example, “I have a hunting knife in my pocket that I am going to use on you,” and instead had a pack of chewing gum in the pocket, that is still assault with a weapon.

How are charges handled?

Assault with a weapon is considered a hybrid offence. This means that depending on the seriousness of the situation, the Crown can proceed summarily (with a lesser penalty) or an indictment (which brings a stiffer penalty).

Being charged with assault with a weapon is no laughing matter. Be sure to hire a lawyer as soon as possible, especially one like Gagan Nahal below who is very experienced with assault cases, and do not give any statements to anyone except under the advice of your lawyer.

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients.

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.