An assault with a weapon charge under Section 267 of the Criminal Code of Canada is a serious criminal offence that carries penalties of up to ten years of imprisonment. Whether the allegation involves a firearm, a knife, or any other object used to apply force or threaten harm, a conviction can affect your freedom, your career, your ability to travel, and your family relationships.
Frouhar Law’s Ottawa criminal defence lawyers have extensive trial experience defending clients charged with assault with a weapon and other violent offences across Ottawa and Eastern Ontario.
*Frouhar Law does not provide legal advice, nor does it represent or act on behalf of any individual without the appropriate signed documents, confirmation and a formally executed retainer agreement.
Assault with a weapon is defined under Section 267 of the Criminal Code of Canada. The offence occurs when a person commits an assault while carrying, using, or threatening to use a weapon or an imitation of a weapon. This charge sits between common assault under Section 265 and aggravated assault under Section 268 in terms of severity.
The Crown Attorney does not need to prove that physical contact actually occurred. A person can be charged with assault with a weapon simply for threatening someone while openly carrying or displaying a weapon, or for using an object in a way that causes another person to reasonably believe they are about to be harmed.
Under Section 2 of the Criminal Code, a weapon is broadly defined as anything designed, used, or intended to cause death, injury, or to threaten or intimidate another person. This definition extends far beyond firearms and knives. Common household items, tools, vehicles, and even animals can be classified as weapons if used in the context of an assault. The determining factor is not what the object is, but how it was used or intended to be used during the alleged offence.
Even imitation weapons — including replica firearms, pellet guns, and toy weapons — can form the basis of an assault with a weapon charge. The Criminal Code specifically includes imitation weapons in the definition under Section 267. Whether the weapon was real, loaded, or functional is irrelevant. If the Crown can prove the object was used to threaten or intimidate, the charge may be sustained.
An assault with a weapon conviction can mean prison time, a permanent criminal record, and consequences that follow you for life. Talk to our criminal defence lawyers before your next court date.
Assault with a weapon is classified as a hybrid offence, meaning the Crown Attorney elects to proceed either by summary conviction or by indictment depending on the severity of the circumstances.
If the Crown proceeds by indictment, the maximum penalty is imprisonment for a term not exceeding ten years. If the Crown elects to proceed by summary conviction, the maximum sentence is two years less a day of imprisonment. In practice, sentencing depends on a range of factors including the nature of the weapon, the extent of any injuries, the relationship between the accused and the complainant, and whether the accused has a prior criminal record.
Certain circumstances will lead the court to impose a harsher sentence for an assault with a weapon conviction in Ontario. Aggravating factors include:
To secure a conviction for assault with a weapon, the Crown Prosecutor must prove each element of the offence beyond a reasonable doubt. Specifically, the Crown must establish:
The accused carried, used, or threatened to use a weapon or imitation weapon during the commission of the criminal assault
The accused had the intent to threaten, intimidate, or apply force — meaning the act was not accidental or involuntary
If the Crown fails to prove any single element beyond a reasonable doubt, the assault with a weapon charge cannot be sustained.
Our Ottawa criminal defence team includes former Crown prosecutors who know how the prosecution builds its case — and exactly how to challenge it. We serve Ottawa, Brockville, and courts across Eastern Ontario.
Our criminal defence lawyers regularly pursue the following strategies when defending assault with a weapon charges in Ottawa and Eastern Ontario:
Charter violations, weak Crown evidence, and procedural mistakes by police lead to withdrawn charges in Ontario courts every day. Find out where the prosecution’s case is weakest.
Assault with a weapon is a serious offence in Ontario. Police may hold the accused in custody, with a bail hearing typically scheduled within 24 hours. The court considers whether detention is necessary to ensure your appearance, protect public safety, and maintain confidence in the administration of justice.
Frouhar Law acts quickly to secure your release on the least restrictive bail conditions possible — including no-contact orders, geographic restrictions, curfews, weapons prohibitions, and cash deposits or surety. Our Ottawa criminal defence lawyers negotiate directly with the Crown Prosecutor and advocate for your release in court.
A conviction for assault with a weapon results in a permanent criminal record with consequences that extend well beyond sentencing:
Our Ottawa criminal defence team includes former Crown prosecutors who know how the prosecution builds its case — and exactly how to challenge it. We serve Ottawa, Brockville, and courts across Eastern Ontario.
Yes. The Criminal Code specifically includes imitation weapons in the definition of assault with a weapon under Section 267. Whether the weapon was real, loaded, or functional is irrelevant to the charge. If an imitation weapon was used to threaten or intimidate another person, the charge may proceed.
A weapon is any object designed, used, or intended to cause injury, death, or intimidation. Beyond firearms and knives, Ontario courts have classified items such as glass bottles, vehicles, screwdrivers, baseball bats, and cellphones as weapons depending on how they were used during the alleged offence.
Not necessarily. While jail time is possible for any assault with a weapon conviction, first-time offenders with no prior criminal record may be eligible for alternatives such as a conditional discharge, a peace bond, or probation. The outcome depends on the severity of the offence, the evidence against you, and the strength of your criminal defence.
Upon arrest for assault with a weapon or any criminal offence in Canada, you are protected under the Canadian Charter of Rights and Freedoms. Your rights include:
Any violation of these Charter rights by police may be grounds for a motion under Section 24(2) to exclude evidence or have the charges withdrawn.
An experienced criminal defence lawyer reviews the disclosure package, identifies weaknesses in the Crown’s case, protects your Charter rights, negotiates with the Crown Prosecutor on your behalf, and represents you at bail hearings and trial. At Frouhar Law, our defence team brings decades of combined trial experience to every assault with a weapon case in Ottawa and Eastern Ontario.
