Facing criminal charges can be a daunting experience. At Collett Read LLP, we understand the concerns and uncertainties that individuals go through when charged with criminal offences. In this blog post, we aim to shed light on what you can expect when facing charges of assault with a weapon in Ontario.
Understanding Assault with a Weapon
Assault with a weapon is a more serious criminal offense than mere “assault” in Ontario. Assault with a weapon is defined as a person committing an assault while carrying, using, or threatening to use a weapon. Assault with a weapon also occurs when a person causes bodily harm to another person, while using a weapon.
Weapons can range from traditional arms, such as a gun or knife, to other everyday objects, such as a shovel or even a car. As long as the object is used to threaten harm or to inflict injury, it can constitute a “weapon” for the purposes of the Criminal Code.
The most common defence to the charge of assault with a weapon is self-defence. A person may be able to prove self-defence if they are able to show that they had reasonable grounds to believe that they were being assaulted, and that their actions were reasonable in the circumstances.
The Arrest Process
If you find yourself being charged with assault with a weapon, the legal process in Ontario typically begins with an arrest. This may happen at the scene of the alleged incident or after an investigation. During the arrest, the police will inform you of the charges against you and your rights. It is essential to remain calm and cooperate with law enforcement officers.
Bail Hearing
After the arrest, you may be required to attend a bail hearing. This is a critical stage where a judge will determine whether you can be released from custody before your trial. Your criminal defense lawyer will present arguments to support your release, addressing factors such as community ties, your criminal record, and the seriousness of the charges. It’s important to have legal representation at this stage to increase your chances of being granted bail.
Negotiating with the Crown
In some cases, negotiations with the Crown prosecutor may lead to a resolution before trial. This could involve discussing the possibility of reduced charges or alternative dispositions. Your criminal defense lawyer will guide you through these negotiations, ensuring that your rights and interests are protected throughout the process.
Court Proceedings
If a resolution cannot be reached through negotiations, your case will proceed to trial. During the trial, the prosecution will present its evidence, and your defense team will have the opportunity to cross-examine witnesses and present your case. A skilled criminal defense lawyer will challenge the evidence against you and advocate for your innocence.
Possible Outcomes
The outcome of your case will depend on various factors, including the strength of the evidence, the effectiveness of your defense, and the legal strategies employed. Possible outcomes may include acquittal, a reduced sentence, or alternative sentencing options.
Facing charges of assault with a weapon is a serious matter that requires careful navigation of the legal system. At Collett Read LLP, we are committed to providing effective and compassionate legal representation to individuals charged with criminal offenses in Ontario. If you find yourself in such a situation, reach out to us at (905) 541-2228 or fill out a form for a consultation. Our experienced criminal defense team is here to guide you through the process and fight for your rights.