The Criminal Code of Canada defines a variety of different types of criminal weapons offences. Most are defined as having a weapon or weapons in your possession with the purpose to commit some illegal act, ranging from trafficking and distribution to disturbing the peace and committing other types of criminal offences, such as assault, robbery, or murder. In cases where one has committed another criminal offence and had a weapon in their possession during the commission of that crime, they could potentially by charged with multiple offences.
The most common weapons offence is possession. This offence is where an individual has in their possession an illegal weapon contained within the Criminal Code, which could include crossbows, brass knuckles, and specific types of firearms.
One of the most serious weapons offences is trafficking and distribution. This offence is where a criminal organization or individual is found to be importing, exporting, selling, or distributing weapons illegally and could also include both legal and illegal weapons.
How Does the Law Define Weapons?
A generalized definition used by the law to define weapons is any object that can be used in a threatening manner or physically be used to inflict bodily harm and personal injuries, as well as be used to disfigure, maim, and wound another. This broad definition incorporates traditional weapons, such as firearms, bows, and knives, and other non-traditional objects, not typically considered a weapon, but could potentially be used as one, such as tire irons, golf clubs, hammers, screwdrivers, pillows, belts, and so on. Furthermore, the Criminal Code clearly defines specific illegal weapons and related objects, which are against the law to have in your possession.
Essentially, when determining weapons offences, the Crown will evaluate whether the object or item could have been used to wound, harm, maim, or intimidate another. It is up to the Crown to establish and prove beyond a reasonable doubt the object was used by the accused as a weapon or is listed as an illegal weapon within the Criminal Code.
Defences against Weapons Offences
Depending upon the nature of your charges, its circumstances, and other such factors, there could potentially be several viable defences that could be used by Toronto weapons lawyer Rishma Gupta. Ms. Gupta carefully reviews all the details of your case and the evidence the police and Crown have gathered to determine the best strategies to use, as well as whether your legal rights could have been violated, to help ensure you achieve the best and most appropriate outcome. Contact Ms. Gupta now to arrange a consultation and case evaluation appointment to determine potential defences to your charges.