Weapons Offence Defence Lawyer
What Happens After You’re Charged with a Weapons Offence in Ontario?
A weapons offence charge can feel overwhelming and frightening. After your arrest, police may either hold you for a bail hearing or release you with conditions. From there, your case will move through the criminal court process. This process is as follows:
- Bail hearings
- Disclosure of evidence: (police notes, witness statements, forensic reports)
- Pre-trial motions (such as Charter challenges)
- Negotiations with the Crown
- Trial (if required)
Throughout this process, you may feel uncertain about what lies ahead. A weapons criminal defence lawyer can help you through the process so that you’re not alone. At Bonn Law, our lawyers will explain each step clearly, protect your rights at every stage, and ensure you understand your options.
Understanding Weapon’s Offences
What is Considered a Weapon?
- Any object that may be used to harm another person
- A prohibited or unauthorized firearm
Possession Offences (ss 88 to 96)
- Section 88: Possession for Dangerous Purpose
- Carrying any weapon for endangering public peace or committing an offence
- Section 89: Carrying at a Public Meeting (without authorization)
- Section 90: Carrying Concealed Weapon (without authorization)
- Section 91: Unauthorized Possession of Firearm
- Possession of any firearm without a license & registry
- Section 92 to 96: Specific Possession Offences
- Unauthorized knowingly
- Unauthorized possession in vehicle
- Possession of prohibited/restricted firearm with ammunition
- Possession of weapon obtained via another offence
Trafficking and Transfer Offences (ss 99 to 103)
- Section 99: Weapons Trafficking
- Manufacturing, transferring, offering any firearm/weapon/ammunition illegally
- Section 100: Possession for trafficking (holding with such intent)
- Section 101: Unauthorized transfer
- Section 102: Making automatic firearm
- Section 103 to 104.1: Import, Export and Alterations (without authorization)
Discharge and Related Violent Offences (s 244)
- Discharging with intent or recklessly, or present during other violence offenses, including but not limited to robbery, extortion, assault, and sexual assault
Key Elements of a Weapon Offence
To prove the charge of a weapon offence, the Crown must prove the following:
- Clear evidence that the accused individual committed the offence.
- When and where the offence occurred (usually supplied by police).
- The Prohibited Act
- Possession: knowingly had control over the weapon
- Carrying the concealed weapon
- Possession for dangerous purpose
- Used in commission of offence
- Knew not authorized (did not have license & registration)
- Intent to traffic (sell, give, transfer)
To defend against a weapon charge, the lawyers at Bonn Law will carefully examine all relevant evidence, listen attentively and respectfully to your case, and craft a strong defence on your behalf. Our Lawyers will look for errors in the evidence and see if they can identify any violations of your Charter Rights during the arrest process.
Penalties
The penalties for weapons-related offences in Canada vary depending on the specific charge, the circumstances of the case, and whether it is a first or repeat offence. Some of the possible consequences include:
- Careless Storage or Handling: Sentence may vary between 6 months to 2 years in jail and/or $5,000 fine and a 5-year maximum penalty for subsequent offences.
- Careless Use: Convictions may result in 1 to 14 years in prison for a first offence.
- Pointing a Firearm: Carries a maximum sentence of 2 years in jail and/or a $5,000 fine or up to 5 years in prison when tried as an indictable offence.
- Carrying a Concealed Weapon: May be ordered to serve a maximum of 5 years in prison if tried as an indictable offence.
- Unauthorized Possession of a Firearm: Carries a maximum penalty of 5 years imprisonment for the indictable offence.
- Possession of a weapon for a dangerous purpose: May face up to 10 years imprisonment.
- Stealing a Firearm: Robbery to obtain a firearm is only tried as an indictable offence and carries a maximum penalty of life imprisonment.
Trafficking Weapons: The indictable offence’s maximum penalty is 10 years with a mandatory minimum of 3 years for the first offence, whether or not any money or other consideration was received in exchange for the weapons.
Why Choose Bonn Law for Your Weapon Offence Defence
1. Proven Experience in Criminal Defence
Our team has extensive experience handling weapon offence cases. We know how to navigate the complexities of the legal system and build a strategic defence tailored to your unique situation.
2. Personalized, Compassionate Support
We recognize that every case is different. That is why we take the time to understand your story, explain your legal options clearly, and support you through every step of the process. You are not just another case number – you are a person who deserves a fair defence.
3. Strong Track Record of Results
Bonn Law has earned a reputation for excellence in criminal defence. Our lawyers are known for their integrity, diligence, and results-driven approach. We fight to protect your rights and minimize the impact of criminal charges on your future.
4. Local Knowledge and Courtroom Expertise
Based in Belleville, Ontario, we have deep knowledge of the local courts, judges, and prosecutors. This insight allows us to anticipate challenges and advocate effectively on your behalf.
5. Full-Service Legal Support
Whether your case involves complex evidence, multiple charges, or related legal issues, our team is equipped to handle it all. We collaborate closely to ensure no detail is overlooked.
Contact Bonn Law Today
If you have been criminally charged with a weapon offence, do not wait to seek legal representation. Contact Bonn Law today, and let us help you navigate the legal process and secure the best possible outcome. Your future is our priority, and we are here to support you every step of the way.
Our lawyers practicing in this area include:
