What Is Legally Considered a Weapon?

December 29th, 2020
What Is Legally Considered a Weapon?

Assault With a Weapon carries a longer prison term than standard assault charges. If you have been charged with Assault With a Weapon or think you may be charged with assault with a weapon here is a short summary of what is legally considered a weapon according to the Criminal Code of Canada.

A good rule of thumb is that anything you are holding could be considered a weapon from a shoelace to a mannequin leg. What the criminal code, and therefore the courts, will attempt to establish is whether the weapon was used to cause injury or death, whether it was intended to cause injury or death and/or whether it was designed to cause injury or death.

If any of these questions can be answered with a “yes” than the object, regardless of its size or actual function, is considered a weapon. There are additional questions to take into consideration regarding whether an object was “designed” as a weapon such as if the item’s design is intimidating or threatening or if there is reasonable cause to fear for one’s safety if the item is in another individual’s possession.

If the object used in an assault is established to be a weapon, there may be additional charges if it falls under a prohibited or restricted category. Examples of prohibited weapons include things like bladed rings, telescoping batons, any item designed to release an electrical discharge, and brass knuckles or other forms of knuckledusters.

Regardless if you are charged with assault, with or without a weapon, it is important to have the best possible legal counsel on your side. Gagan Nahal practices criminal defence law in Surrey, BC and understands the importance of tenaciously defending the rights and freedoms of his clients. So, if you are seeking skilled representation please contact our offices without delay.

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.