Affordable Ottawa Assault With A Weapon Lawyers

A charge of assault with a weapon is treated very seriously by the criminal courts in Ontario and the consequences are more severe than with common assault.

Because weapons can cause serious injury or death, the justice system clamps down hard on anyone accused of wrongdoing with a weapon, such as a firearm. The charge may be prosecuted as an indictable offence and result in serious jail time for a conviction.

To successfully defend a charge of assault with a weapon in Ottawa, you’ll likely need the assistance of an experienced criminal defence lawyer who understands the system here and has the legal defence skills to limit the consequences for your future.

Section 267 of the Criminal Code of Canada deals with the charge of assault with a weapon, which is considered a mid-range assault, i.e., more serious than common assault but a less serious offence than aggravated assault.

The Criminal Code states that anyone who carries, uses, or threatens to use a weapon or an imitation thereof, is found guilty.

According to the provisions of the Code, the prosecution needs to prove beyond a reasonable doubt the following to secure a conviction of assault with a weapon:

• The defendant intentionally applied force to a person without their consent, or
• The defendant attempted to apply force with an act or gesture that caused the person to believe that an assault would take place, or
• The defendant accosted or impeded another person while openly wearing a real or imitation weapon.

Additionally, the prosecution must prove that the defendant carried, used or threatened to use a real or imitation weapon.

A weapon is defined in the Criminal Code as anything designed, intended or used to cause injury, death, intimidation or a threat.

This can include a wide variety of objects and even living beings (like a dog) if used in a certain way.

To begin the process of filing an assault with a weapon charge, a complaint is usually made to the police, often by the victim of the alleged assault or a relative of the victim.

The Toronto police will request a written statement from the complainant/witness and launch a thorough investigation into the matter, including interviewing anyone who witnessed the alleged assault, obtaining medical reports of the victim and reviewing video footage if available.

The police will seize the weapon and arrest the individual suspected of carrying out the assault — or issue a warrant for the individual’s arrest if that’s not possible.

A “disclosure package” of evidence will be provided to the Crown Prosecutor. This should be reviewed by an experienced criminal defence lawyer as soon as possible so that a credible defence of the charge(s) can begin.

Assault with a weapon is treated as a serious criminal offence in Ontario, and obtaining bail can be more difficult than with other assault-related charges. In many cases, police may choose not to release the accused immediately, resulting in a period of custody—often up to 24 hours—before a formal bail hearing is scheduled at the courthouse.

During this time, the accused is generally inaccessible to family members, and only a criminal defence lawyer can communicate on their behalf or determine their location. At Affordable Defence, we act quickly to protect your rights, begin the defence process, and work toward securing your release as early as possible.

At the bail hearing, the court will weigh several factors, including whether detention is necessary to:

• Ensure your appearance at future court dates
• Protect the public
• Maintain confidence in the justice system

Our defence team engages directly with the Crown prosecutor to negotiate terms of release and propose reasonable conditions that satisfy the court’s concerns. These may include restrictions on contact with the alleged victim, geographic limitations, or mandatory check-ins.

Securing bail is a critical first step in defending an assault with a weapon charge—and we’ll fight to make sure you don’t spend more time in custody than necessary.

Common Bail Conditions for Assault with a Weapon in Ontario

If you are released on bail after being charged with assault with a weapon in Ontario, you will likely face strict release conditions due to the serious nature of the offence. These conditions are set by the court to ensure public safety, prevent contact with the alleged victim, and maintain confidence in the justice system.

Typical bail conditions may include orders to refrain from:

• Contacting or communicating with the alleged victim
• Attending the alleged victim’s home, workplace, or school
• Leaving your residence without court-approved permission
• Staying out past a designated curfew
• Breaking any federal, provincial, or municipal laws
• Consuming drugs or alcohol
• Possessing weapons, firearms, or related items
• Visiting specific locations (e.g., bars, public venues, restricted areas)
• Travelling outside a designated area or the province

In some cases, a cash deposit or surety may be required to secure your release, especially if the court believes additional oversight is needed.

At Affordable Defence, we advocate for your release with the least restrictive bail terms possible. Our experienced Ottawa criminal defence lawyers work directly with prosecutors and appear in court to argue for conditions that respect your freedoms while still satisfying the court’s concerns.

The right legal representation at the bail stage can significantly impact the course of your case—and we’re here to fight for your freedom from day one.

An assault with a weapon charge is known as a “hybrid offence” and the decision of how to proceed with a prosecution depends on the circumstances of the case.

Anyone charged with assault with a weapon in Ontario can face an indictment with the potential for 10 years in prison. Less serious cases will be treated as summary offences but even these carry the potential for two years (less a day) of imprisonment.

Certain aggravating factors will increase the likelihood of jail time, including any offence that is:

• Committed in a domestic situation
• Committed while released on bail
• Committed in connection with a criminal organization
• Connected with the use of a prohibited firearm
• Committed by a non-resident of Canada

The resulting criminal record from a conviction can also create future problems with employment, housing, travel, child custody and immigration status.

Our seasoned defence lawyers will work hard to limit the consequences for you and your future.

In Ontario, the Crown bears a high burden of proof in assault with a weapon cases. To secure a conviction, prosecutors must prove beyond a reasonable doubt that an assault occurred, that a weapon was used, and that the accused intended to cause harm or threaten violence.

At Affordable Defence, we examine every angle of your case and explore all available legal defences. Common and effective defences to assault with a weapon charges include:

• Factual Innocence: The accused is not the person who committed the assault, no weapon was used, or the incident did not occur as alleged.
• Self-Defence: Reasonable and proportionate force was used to defend oneself against an imminent threat.
• Defence of Others: The accused used force to protect another person from harm.
• Defence of Property: Reasonable force was used to protect one’s own property from being damaged, stolen, or trespassed.
• Charter Violations: The accused’s rights under the Canadian Charter of Rights and Freedoms were violated—for example, through unlawful search and seizure, detention without cause, or lack of legal counsel.

Every case is different, and a successful defence depends on the specific facts, the quality of the evidence, and the ability of your lawyer to challenge the Crown’s case effectively.

Assault with a weapon charges are serious—but they are defendable. If you’ve been arrested or charged in the Ottawa area, speak with an experienced criminal defence lawyer at Affordable Defence today. We offer a free and confidential case evaluation to help you understand your options and protect your future.