Assault With a Weapon Sentences and Penalties in Canada

The short answer

Assault with a weapon is a hybrid offence, which means the Crown can proceed by indictment or by summary conviction. By indictment, the maximum sentence is 10 years. There is no minimum sentence, and a discharge is possible in the right case. However, a weapons ban is likely, and it is mandatory if the Crown proceeds by indictment.

Is assault with a weapon an indictable offence?

Assault with a weapon is hybrid. The Crown chooses whether to proceed by indictment, which is the more serious route, or by summary conviction. That choice affects the maximum sentence and whether a weapons ban is mandatory, so it is often an important part of resolution discussions between your lawyer and the Crown. In many cases, the Crown's choice is made at the first or second court appearance.

Penalties at a glance

By indictment

• Maximum: The maximum sentence is 10 years.
• Weapons prohibition: A prohibition is mandatory (s. 109).

By summary conviction

• Maximum: The maximum is 2 years less a day, a fine of up to $5,000, or both (s. 787).
• Weapons prohibition: A prohibition is up to the judge (s. 110).

Both routes

• Minimum: There is no minimum sentence.

Against an intimate partner

For incidents on or after July 17, 2026, the Crown can charge violence against an intimate partner under s. 263.1. The maximum then rises to 14 years, and a discharge is no longer available. See violence against an intimate partner.

Assault with a weapon causing bodily harm

Section 267 also covers assault causing bodily harm and choking, with the same penalties. If a weapon caused a serious wound, the Crown may charge aggravated assault instead, which carries a 14-year maximum, or life under s. 263.1 against an intimate partner. See aggravated assault.

How judges decide

Every sentence must fit the seriousness of the offence and the person's degree of responsibility. For assault with a weapon, judges look closely at what the weapon was, how it was used, the harm caused and the person's background. Denunciation and deterrence often carry significant weight, but rehabilitation still matters, especially for people with no record.

What affects the sentence

Factors that can increase a sentence include the type of weapon and how it was used, the injuries caused, and an intimate partner or family member as the complainant. A prior conviction for violence is also aggravating. Since July 15, 2026, a violent conviction within the last five years must be treated as an aggravating factor.

Factors that can lower a sentence include having no criminal record, the object being picked up in the moment rather than brought along, remorse, a guilty plea and counselling. The sentence can also depend on whether the object was a real weapon or a replica, which is explained in our guide to threats with a weapon or an imitation weapon.

Possible outcomes

The charge can sometimes be reduced to common assault if the evidence that the object was a weapon is weak.

Bail

Release conditions usually ban weapons and contact with the complainant. Since July 15, 2026, a reverse onus applies at bail if you are charged with violence involving a weapon and you were convicted of another weapon violence offence in the 10 years before this charge (s. 515(6)(b.2)). A reverse onus also applies to a third or later indictable offence involving violence (s. 515(6)(a)(xii.1)). In those cases, you must clearly demonstrate why you should be released. See our reverse onus guide.

Effects beyond the sentence

Because the maximum is 10 years, a conviction can make a permanent resident inadmissible for serious criminality. A conviction can also affect employment, especially in jobs involving security, care or firearms, and it can lead to being refused entry to the United States.

What to do now

• Follow every release condition exactly, including any weapons and no-contact terms.
• Gather letters, work records and proof of counselling that may help at sentencing.
• Ask your lawyer how the Crown's choice of route affects a weapons ban in your case.

What happens after you are charged

1. Release or bail: Most people are released with conditions, such as no weapons and no contact with the complainant. Some face a reverse onus.
2. Disclosure: The Crown provides statements, photographs, medical records and any video.
3. Crown pre-trial: Your lawyer discusses the Crown's route, the weapons ban and possible resolutions.
4. Resolution or trial: Many cases resolve through a plea to a lesser charge or a peace bond, while others go to trial.

Preparing for sentencing

Careful preparation can make a real difference. Helpful material often includes proof of counselling, such as anger management, letters from employers and community members, and information about your family and work. A judge may also order a pre-sentence report, which a probation officer prepares after interviewing you.

Record suspensions

If you are convicted, you can later apply for a record suspension. The waiting period is 5 years after the sentence is completed for a summary conviction, and 10 years for an indictable one.

Conditional sentences and probation

Because there is no minimum sentence, a judge can consider a conditional sentence, which is a sentence of less than 2 years served in the community, often with house arrest or a curfew. A judge can also suspend the sentence and impose probation for up to 3 years. Common probation conditions include counselling, no contact with the complainant and a ban on weapons. Breaking any condition is a separate criminal offence.

How we can help

We can explain the realistic range for your charge, whether the Crown's route affects a weapons ban, and how to argue for the least serious outcome. Call (647) 223-1980 for a free consultation.

Frequently asked questions