Weapons Offences
What is a weapon
A weapon is anything that is used or could be used or intended for use in causing death or injury to any individual.
Fire arm offences are treated with more seriousness. If convicted, one can face a longer sentence and jail time.
However, each case is unique and depends on the facts and circumstances of the case. Being found guilty of a firearms charge can result in a penitentiary sentence, loss of employment and difficulty in travelling abroad.
Possession of a restricted firearm with ammunition
It is a criminal offence to possess any type of firearm without a license or registration certificate.
Possession of a loaded firearm is a serious criminal offence in Canada with severe repercussions. The maximum penalty for this offence is 10 years imprisonment.
If you have been charged with possession of a restricted firearm call Juzkiw Law today at (416) 290-5055 for a confidential, initial consultation.
Careless storage of a firearm
It is a criminal offence to carry, handle, ship, transport or to store a firearm, prohibited weapon, restricted weapon in a careless manner.
Firearm offences are taken very seriously and conviction for a careless storage of a firearm charge could lead to two years imprisonment for a first offence, and for a subsequent offence five years. Maybe you did not intend to store the firearm illegally.
Pointing a firearm
Pointing a firearm at another individual, whether or not the firearm is loaded or not is a criminal offense that carries a maximum punishment of up to five years imprisonment.
Whether or not you are convicted of Pointing a Firearm depends on the facts and circumstances of the case. Maybe you did not point the firearm or there were other reasons. It is important to speak to an experienced criminal lawyer to fight these charges and structure the best defense possible.
Carrying a concealed weapon
Anyone who carries a weapon, prohibited device, or any prohibited ammunition concealed is guilty of an offence with a maximum penalty of five years imprisonment. It is important not to plead guilty to this charge as the Crown must prove intent to conceal the prohibited weapon.
The search conducted by the police may have been illegal, or you may have lacked the intent to conceal the said weapon. In either circumstance, it is imperative that you build a strong defense to fight these charges in a court of law.
Possible defenses to a firearms/weapons charge
The Crown must prove beyond a reasonable doubt that you were guilty of one of the above weapons offences. It is crucial to identify the reasons for which the weapon was possessed and structure a defense accordingly.
We ascertain whether correct arrest procedures were carried out and correct search and seizure was carried out pursuant to the Charter of Rights and Freedoms. We will bring pre-trial applications if your Charter rights have been infringed and have the evidence against you excluded. Maybe you your property was illegally searched by the police. You may not have been aware or had knowledge that a firearm was in your possession or in your property. In any scenario you should not plead guilty to a firearms offence without consulting a lawyer. There may also be issues with regards to the licensing or registration of the firearm in question.