Summary
The less serious route
2 years
less a day, maximum
and/or a fine up to $5,000 (s. 787)
Assault With a Weapon Lawyer Mississauga & Brampton
Trained at an Ontario Crown Attorney's Office.
- Free consultation
- Speak directly with your lawyer
- Flexible payment plans
- English, Punjabi and Hindi
Charged with assault with a weapon? Tell us what happened.
Regulator
Assault with a weapon is charged under section 267 of the Criminal Code, which also covers assault causing bodily harm and choking. A weapon is any object used or threatened to injure or intimidate. The maximum is 10 years by indictment. A lawyer can challenge the evidence and raise self-defence.
Being charged with assault with a weapon is frightening. The word "weapon" makes the case sound serious, and it can make bail harder and the possible sentence higher. An assault with a weapon lawyer can help you understand what the Crown has to prove and what you can do now.
We defend charges under s. 267 of the Criminal Code, including assault with a weapon, assault causing bodily harm and choking, in Mississauga, Brampton and across Ontario.
Charged with assault with a weapon?
Penalties
Penalties and consequences
Assault with a weapon, bodily harm, or choking (s. 267) is a hybrid offence. The Crown chooses the route, and that sets the maximum.
THE CROWN CHOOSES
Indictment
The more serious route
10 years
maximum
Assault with a weapon, bodily harm, or choking, s. 267
Each charge is grouped by its maximum sentence if the Crown proceeds by indictment.
Life14 years10 years
Lifemaximum
Aggravated assault
s. 268If the assault wounds, maims, disfigures or endangers life
14years maximum
No discharge
Aggravated assault
s. 268Indictment only
If the assault wounds, maims, disfigures or endangers life
Assault with a weapon, bodily harm or choking
s. 267Hybrid
If charged under s. 263.1 (intimate partner)
10years maximum
HybridDischarge may be possible
Assault with a weapon, bodily harm or choking
s. 267
Hybrid means the Crown can proceed by indictment or summarily. A summary proceeding has a lower maximum.
Section 267 is a hybrid offence, so the Crown elects how to proceed. There is no mandatory minimum sentence for s. 267, and a discharge may be possible in some cases (s. 730).
These are maximums set by law, not predictions.
- Your home and familyRelease conditions can keep you out of your own home or away from family.We work to have conditions varied.
- Your job and licenceEmployers and regulators often ask about charges, not just convictions.We tell you what to disclose, and when.
- Your travel and statusA conviction can affect U.S. entry and immigration status.
Get immigration advice too.
We assess this before any resolution. - Your firearmsMandatory if by indictmentRelease conditions and some sentences can ban you from owning weapons.
Weapons prohibition: a finding of guilt for an indictable violent offence with a maximum of 10 years or more can lead to a mandatory weapons prohibition under s. 109.
We explain when a ban applies and what it covers. - Your recordA withdrawal, peace bond or discharge is not a conviction.We explain which options may apply to you.
The earlier a lawyer is involved, the more can be protected.
RELATED GUIDES
Keep reading
6 GUIDESSentencingSentencing options in CanadaHow judges choose between a discharge, probation and jail.SentencingConditional and absolute dischargesHow a discharge differs from a conviction, and when it applies.Criminal recordsIs a conditional discharge a criminal record?How discharges show up on records and background checks.Criminal recordsCriminal charges and immigration statusHow a charge or conviction can affect your immigration status.Assault with a weaponAssault with a weapon penaltiesPossible sentences when a weapon is part of the charge.Assault with a weaponWeapons prohibition ordersWhen a court must or may ban you from having weapons.
The law
What the Crown must prove
The Crown must prove all four.
Force or threat. You used force on someone, or threatened it by an act or gesture.
On purpose. You acted on purpose, rather than by accident.
No consent. The other person did not agree to the contact.
Weapon, injury or choking. There was a weapon or fake weapon, bodily harm, or choking.
Read the legal wording
Section 267 of the Criminal Code covers three kinds of assault. For each, the Crown must first prove an assault: intentional force, or a threat of force in some cases, without consent (s. 265). It must then prove one of the following, beyond a reasonable doubt.
(a) A weapon or an imitation. In committing the assault, you carried, used or threatened to use a weapon or an imitation of one. You do not need to have used it. Carrying it during the assault can be enough.
(b) Bodily harm. The assault caused bodily harm. The Criminal Code defines bodily harm as any hurt or injury that interferes with a person's health or comfort and is more than brief or trifling (s. 2).
(c) Choking, suffocating or strangling. The assault involved choking, suffocating or strangling the complainant. No visible injury is required.
What counts as a weapon?
Many people are surprised by how broad the definition is. Under s. 2 of the Criminal Code, a weapon is any thing used, designed to be used or intended for use:
- in causing death or injury to any person, or
- for the purpose of threatening or intimidating any person.
It includes a firearm. For s. 267, it also includes any thing used, designed or intended for binding or tying up a person against their will.
This means everyday objects can be weapons, depending on how they were used or meant to be used. A bottle, a belt, a phone or a car could all qualify. Whether an object was a weapon in your case is often a key issue.
See what counts as a weapon and threats with an imitation weapon.
YOUR CONDITIONS
Bail implications
A weapon allegation can affect your release. If you are held after arrest, you must generally be brought before a justice within 24 hours.
- Weapons condition: for an offence involving violence, a justice must add a condition banning you from possessing firearms and other weapons, unless it is not needed for safety (s. 515(4.1)).
- No-contact conditions: a justice must consider ordering you not to contact the complainant or witnesses (s. 515(4.2)).
- Reverse onus for choking: since July 15, 2026, under Bill C-14, an assault involving choking, suffocation or strangulation carries a reverse onus. You must show why you should be released.
- Prior record: Bill C-14 extended the lookback for prior weapons-related violence convictions from 5 to 10 years. It also added a reverse onus for serious violent offences where the accused has two or more prior similar convictions.
- Intimate partner cases: a reverse onus also applies under s. 515(6)(b.1) if you have a prior conviction or discharge for intimate partner violence. It also applies if you were already on a peace bond protecting an intimate partner at the time.
A reverse-onus accused must show their release plan addresses the risks. A strong plan, sometimes with a surety, can make a real difference. See our bail hearings page.
THE COURT PROCESS
How your case moves through court in Ontario
Day 1
Arrest and release
Police release you with a court date, or hold you for a bail hearing, which must generally happen within 24 hours.
First court date
First appearance
Your lawyer can usually appear for you by filing a designation, so you may not have to attend.
The following weeks
Disclosure
The Crown must share its evidence, such as police notes, video and statements. We review all of it.
Discussions
Crown pre-trial
We meet the Crown to discuss the evidence, its weak points and possible resolutions.
Narrowing the issues
Judicial pre-trial
In many cases, a judge meets with both sides to narrow the issues and plan the next steps.
The outcome
Resolution or trial
The charge may be withdrawn or resolved, or it goes to trial, where the Crown must prove guilt beyond a reasonable doubt.
Your options
Possible outcomes
Depending on the evidence and your history, possible outcomes may include:
No conviction
These outcomes end the case without a criminal conviction.WithdrawalThe Crown drops the charge.
Of the charge where the evidence is weak.
Peace bondAgree to conditions under s. 810.
Under s. 810, with the charge withdrawn, in some cases. See peace bonds.
DischargeFound guilty, but no conviction is entered.
Which is not a conviction.
Conviction
These outcomes follow a finding of guilt and leave a criminal record.ConvictionThe court enters a conviction and imposes sentence.
If the Crown proves its case, or you plead guilty, the court imposes a sentence. See the penalties above.
Depends on the case
These steps can lead to either result.ReductionA less serious charge replaces the original.
To a less serious charge, such as common assault, in some cases.
TrialThe court hears evidence and decides guilt.
Where the Crown must prove every element. You may be acquitted.
No lawyer can promise a result.
THE CROWN'S VIEW
How the Crown looks at a weapon assault charge
The Crown must be satisfied that there is a reasonable prospect of conviction, and that a prosecution is in the public interest, before a charge goes ahead. With weapon charges, the seriousness of the allegation weighs heavily on the public interest side. But the evidence still has to hold up.
Prosecutors usually look closely at the object itself. Was it actually used or carried in a way that makes it a weapon in law? Is there physical evidence linking it to the person charged, or only a witness description? Did the other person also use or threaten force, which could raise self-defence? Our lawyer trained at an Ontario Crown Attorney's Office, so we review these files the way a prosecutor would and test each weak point.
Sometimes the evidence supports a less serious charge, such as common assault, which carries a much lower maximum. That difference matters. Assault with a weapon carries 10 years, which can make a permanent resident inadmissible for serious criminality, while common assault carries 5. See our guide to what counts as a weapon.
Your defence
How we defend assault with a weapon charges
Was there an assault first? - Criminal Code ss. 265 and 267(a)
The weapon allegation must be connected to an assault. We examine the alleged force, gesture or other assault conduct before treating the presence of an object as decisive. Video, positioning and the sequence of events can show whether the underlying assault requirements are supported.
Did the object qualify as a weapon? - Criminal Code s. 2
An everyday object can fall within the Code’s definition because of how it was used or intended to be used. The definition covers causing injury or death and threatening or intimidating someone. We review the object, its alleged purpose and the surrounding words and actions.
What was done with it? - Criminal Code s. 267(a)
The section covers carrying, using or threatening to use a weapon or imitation while committing an assault. Striking someone with the object is not required in every case. We compare witness accounts and recordings with the specific allegation, including whether the object was present during the assault.
Is injury a separate issue? - Criminal Code ss. 2 and 267(b)
A weapon count does not require proof of bodily harm, but a separate bodily-harm allegation does. Bodily harm means an injury that interferes with health or comfort and is more than merely minor or fleeting. We review medical information, photographs and causation without assuming that either the presence or absence of an injury decides the weapon allegation.
Was force used for protection? - Criminal Code s. 34
Self-defence requires a reasonably grounded belief in force or a threat, a protective purpose and a reasonable response. The Code specifically directs attention to whether anyone used or threatened a weapon. We assess that factor together with the threat, alternatives and proportionality; a weapon does not settle the defence by itself.
Was the object lawfully obtained? - Charter ss. 8 and 24(2)
Police recovery of an object may involve a search of a person, vehicle or home. We examine the warrant or other authority relied on and the scope of the search. For exclusion under section 24(2), the court must decide whether admitting evidence obtained through a breach would bring the administration of justice into disrepute.
WHAT TO DO NOW
What to do if you have been charged
- Say nothing about the incident to police. Ask to speak with a lawyer.
- Follow every release condition, including any ban on weapons. Breaching a condition is a new offence.
- Do not contact the complainant or witnesses if your conditions forbid it.
- Preserve evidence: messages, photos of injuries to you, clothing and names of witnesses or nearby cameras.
- Do not post about the case on social media.
- Call a lawyer before your first appearance. Your first court date is on your release paperwork.
PEEL REGION
Weapon assault charges in Peel Region
When a weapon is alleged, Peel Regional Police often hold the person for a bail hearing instead of releasing them. Peel police list weapon offences among the serious charges that usually lead to a bail hearing. That hearing must take place within 24 hours of the arrest. For a violent charge, the justice must also ban weapons as a release condition, unless a ban is not needed for safety.
The Brampton Crown Attorney's Office prosecutes these cases. They are heard at the A. Grenville and William Davis Courthouse, which has both the Ontario Court of Justice and the Superior Court of Justice. Under Ontario Crown policy, aggravated assault can never go to a community justice program. Other assault charges are looked at case by case. Getting legal advice early can affect how the Crown views your file. Our Brampton courthouse guide explains the local court process.
BEFORE YOU CALL
Preparing for the first conversation
Your papers (an appearance notice, summons, undertaking or release order) hold most of what we need. Look for these three things.
The charge and the section number, exactly as written.
Your next court date, time and courthouse.
Any conditions, such as no contact or where you must live.
WHY AFTERMATH LAW
A defence you can reach, afford and understand
Call 24/7Including from the police station
Arrests do not only happen during office hours. Call (647) 223-1980 any time, including from a police station. You deal directly with Dildeep Sahi. If he is in court or on another call, he will call you back as soon as he can.
Legal Aid acceptedWe'll help you check if you qualify
We accept Legal Aid Ontario certificates for criminal matters. If you qualify, Legal Aid Ontario may cover the cost of your defence. If you are not sure whether you qualify, we will help you find out.
Flat fees, payment plansAgreed in writing before work starts
Private clients get a clear flat fee for their charge, agreed in writing before work starts, with payment plans available. No surprise invoices.
English, Punjabi, HindiFamily can join, with your consent
Explain what happened in the language you think in. Family members are welcome to join the consultation with your consent.
Trained at an Ontario Crown Attorney's Office
Training at a Crown Attorney's Office gives insight into how the prosecution prepares and reviews a case.
Related pages
Using a weapon to steal is charged as robbery. See armed robbery.
Police often add possession of a weapon for a dangerous purpose or carrying a concealed weapon.
LANGUAGES
Consultations in English, Punjabi and Hindi
Speak with Dildeep in English, Punjabi (ਪੰਜਾਬੀ) or Hindi (हिन्दी). Legal Aid Ontario certificates are accepted.
Official sources
8 links
- Criminal Code, s. 2: Definitions of "weapon" and "bodily harm"
- Criminal Code, s. 34: Defence of the person
- Criminal Code, s. 109: Mandatory weapons prohibition
- Criminal Code, s. 265: Assault defined
- Criminal Code, s. 267: Assault with a weapon or causing bodily harm
- Criminal Code, s. 268: Aggravated assault
- Criminal Code, s. 515: Judicial interim release
- Criminal Code, s. 730: Discharges
Next steps
Talk to a lawyer today
If you have been charged with assault with a weapon or causing bodily harm, call (647) 223-1980, 24/7. Start with a free consultation.
Call 24/7General information only, not legal advice. Contacting Aftermath Law does not create a lawyer-client relationship.
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Questions
Frequently asked questions
What counts as a weapon in an assault charge?
Almost any object can be a weapon if it was used or intended to be used to injure, threaten or intimidate someone. The Criminal Code definition is broad and includes firearms. For s. 267, it also includes things used to bind or tie someone up.
Is assault causing bodily harm the same charge as assault with a weapon?
Both fall under s. 267 of the Criminal Code and carry the same maximum penalties. Assault with a weapon focuses on the object. Assault causing bodily harm focuses on the injury.
Is choking someone a separate charge?
Choking, suffocating or strangling during an assault is covered by s. 267(c). Since July 15, 2026, it also carries a reverse onus at bail. You must show why you should be released.
Can I get a discharge for assault with a weapon?
In some cases, yes. Section 267 has no mandatory minimum and a maximum below 14 years, so a discharge is legally available. Whether a court grants one depends on the facts and the public interest. This changes if the charge is laid under s. 263.1 against an intimate partner. The maximum then rises to 14 years, and a discharge is not available.
Will I be held in jail until trial?
Not necessarily. Many people are released with conditions. If you face a reverse onus, you will need a strong release plan.