Assault with a Weapon
A person is guilty of an assault with a weapon if s/he commits an assault while using or threatening to use a weapon or an imitation weapon.
The maximum penalty for someone convicted of assault with a weapon is ten years in prison.
What is the Legal Definition of a Weapon?
Just about anything can legally be a weapon if it is used or intended to be used to cause harm. I have seen this charge laid where the weapon was a dime. I have also represented someone charged with using a pizza to assault another person.
The law defines a weapon as anything that is used, designed to be used or intended for use:
(a) in causing death or injury to any person, or
(b) for the purpose of threatening or intimidating any person.
Based on this definition any object other than the assaulter’s body used to assault another person can be considered a weapon.
What is the Definition of Assault?
Generally an assault is the application of force or the threat of the application of force to a person without his/her consent. A more detailed discussion on what assault is can be found here.
What if the Weapon does not Make Contact with a Victim?
All that is necessary for an assault with a weapon to occur is the threat of a weapon while an assault is being committed. An example of this would be a person who brandishes a weapon while assaulting a person with his/her fists. However it must be noted that even an assault can occur without making any actual contact.
Get Help Now
Lakin Afolabi is a Criminal defence lawyer in London Ontario that has successfully defended those charged with an assault with a weapon. If you or someone dear to you is charged with assault with a weapon Lakin is available 24 hrs a day. Call him now.