Assault with a Weapon
An assault is considered more serious if a weapon is used in commission of the assault.
Assault with a weapon requires an assault and the use or threat of use of a weapon. In
criminal law, a weapon can be anything that is used as a weapon.
In the perspective of the court, numerous items can be considered as weapons,
encompassing items such as a baseball bat, stick, knife, gun, rock, hammer, tools, brass
knuckles, and various others. If there arises any uncertainty regarding the use of a weapon
in an assault, your criminal defense attorney will address this concern during your trial.
Assault with a weapon is a hybrid offence. This means that the Crown prosecutor chooses
whether the offence will be treated as a less serious summary conviction offence, or a
more serious indictable offence. If found guilty on summary conviction a person convicted
of assault with a weapon will be liable to imprisonment for a maximum of eighteen months.
If convicted on indictment a person will be liable to imprisonment for a maximum of 10
years.
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