Assault with a Weapon Lawyer in Oakville
Legal terms and definitions can be complicated, and an experienced attorney can help you understand your case.
Assault with a weapon in Oakville is one of the most important concepts to keep in mind, and that’s what this guide explains – it’s an informative article on what assault with a weapon is, what’s considered a weapon, and what to do if you’re assaulted or if you assault someone in Oakville.
What Is an Assault with a Weapon?
Assault alone refers to any situation where a person does something threatening to force another person to do something without their consent.
Thus, an assault with a weapon occurs when the person committing an assault uses, carries, or threatens to use a weapon or something that’s considered one.
The victim does not need to sustain bodily injuries for the court to consider assault with a weapon. Additionally, in some cases, psychological damage constitutes proof of the hurt the victim is going through.
Things Considered a Weapon
Weapons are anything that can be used to harm or cause death to someone else or something used to intimidate or threaten a person.
Examples of weapons include firearms, knives or other sharp objects, beer bottles, rocks, and shovels. Ropes are also weapons in cases where people are held against their will. If someone assaults you using a weapon and hurts or threatens you, you should get legal assistance immediately from the lawyers at FMK Law Group in Oakville
What Needs to Be Proven for Conviction in Oakville
To convict someone of assault with a weapon in Oakville, the prosecutor has to examine the evidence and determine that the assault indeed occurred and that the person used a weapon.
Prosecutors can examine different types of evidence, for example, physical evidence. If there is proof of the damage, pictures and medical reports can help the case.
Additionally, prosecutors could also consider verbal evidence or witnesses of what occurred. When people are present during the assault in Oakville, verbal confirmation might help the victim as well.
Self-defense
Self-defence is the most common way to defend oneself against charges of committing assault with a weapon in Oakville.
However, to win the case, the person must convince the court that they had verifiable reasons to believe that they were assaulted and that, given the circumstances, the actions were completely reasonable.
Penalty
Assault with a weapon is considered a hybrid offence, which means that the prosecutor has to choose between two ways to convict. They can either proceed by indictment or summarily convict the person.
If the prosecutor chooses to convict by indictment, the person can be behind bars for up to 10 years. On the other hand, if they proceed summarily, the convicted individual could spend up to 18 months in prison.
What is the Punishment for Assault with a Weapon in Oakville?
Assault with a weapon in Oakville is classified as a hybrid offence, giving the crown attorney the flexibility to choose either a summary procedure or an indictment approach. If an indictment is chosen, the harshest sentence, according to section 267 of the Criminal Code, can reach up to ten years in federal prison.
On the other hand, opting for a summary conviction leads to a maximum term of eighteen months in a local jail.
While summary conviction offences usually have a ceiling of a $5,000 fine or six months in jail, assault with a weapon is considered an exception, termed a “super-summary” offence, and is subject to a more severe maximum penalty. It’s worth noting that in such cases, it’s not rare for crown attorneys to pursue jail time following a conviction.
Call FMK Law Group Today
If you are facing assault with weapon charges in Oakville, it is crucial to contact a criminal lawyer as soon as possible. A criminal lawyer can help you understand your rights and options and can represent you in court.
The attorneys at FMK Law Group in Oakville and surrounding areas are passionate and experienced professionals, ready to defend you if you are charged with assault with a weapon. They will work tirelessly to ensure that you receive the best possible outcome in your case.