TORONTO WEAPONS LAWYER

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TORONTO WEAPONS LAWYER

Weapons and firearm offences are prosecuted aggressively with sentences becoming more punitive. It is an offence to possess a weapon for the purpose of committing a criminal offence or for another purpose dangerous to the public peace. The current Canadian government continues to pursue minimum custodial sentences for weapon related offences. In our R. v. A.K. [2014], the Firm secured a withdrawal for all cocaine and possession of firearm offences.

The Firm has extensive experience in serious violent crime. In its R. v. A.Y. [2014], it secured a withdrawal of Assault Causing Bodily Harm strictly on the basis of an evidentiary technicality. In its R. v. R.W. [2015] the Firm defended the accused charged with cracking a person’s skull with a hammer in a Tim Horton’s washroom. It further provided expert advice regarding a warrant for blood sample seizure for a Halloween Murder at Canada’s Wonderland in 2014.

The Firm has also defended a number of people charged with Guns and Gangs in Toronto. It has extensive experience working with the Toronto Police Guns and Gangs unit and the Guns and Gangs Crown Prosecutors. In late December 2014, it secured Judicial Interim Release for an Accessory to Murder at the Garden Tree Restaurant in Toronto in its R. v. T.M. [2014].

The weapon offences we handle include the use of cross-bows, brass knuckle, tasers and large knives, often seized in the context of drug, robbery, sexual and gang related offences. The use of a weapon in the context of these other serious offences is an aggravating factor, often resulting in the pursuit of greater penal sanctions.

Weapon offences are complex and have the potential for serious custodial sentences. In strategizing your defence, we critically analyze police conduct and investigative techniques, including police protocol in executing search warrants.

680 News: Toronto Fire Captain charged with several weapon offences.

Frequently Asked Questions

What is a Firearm?
What is the Unauthorized Possession of a Firearm?
What are some of the Exceptions to the Unauthorized Possession of a Firearm?
What is a Weapon?
What is the Offence of Carrying a Concealed Weapon?
What are the Penalties for Possessing a Weapon?

What is a Firearm?

The Criminal Code defines a firearm as a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm.

What is the Unauthorized Possession of a Firearm?

Subject to few exceptions, every person commits an offence who possesses a firearm without being the holder of a licence under which the person may possess it; and in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

What are some of the Exceptions to the Unauthorized Possession of a Firearm?

A person who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or a person who comes into possession of a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it, lawfully disposes of it, or obtains a licence under which the person may possess it and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

What is a Weapon?

The Criminal Code defines as weapon as 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 and, without restricting the generality of the foregoing, includes a firearm.

The definition of a weapon is open to interpretation. Depending on the nature of the object before the court, we seek to establish the item does not fall within this statutory definition.

What is the Offence of Carrying a Concealed Weapon?

Every person commits an offence who carries a weapon, a prohibited device or any prohibited ammunition concealed, unless the person is authorized under the Firearms Act to carry it concealed.

What are the Penalties for Possessing a Weapon?

Sentences for possessing a weapon can range up to 10 years in custody. Depending on the nature of the weapon and context of the offense, we vigorously pursue strategy to avoid penal sanctions and a criminal record.

Weapons and firearm offences are very serious, complex and aggressively prosecuted. We handle a range of weapons offences in the context of other criminal activity. In strategizing your defence, we dissect police evidence, critically analyze investigative technique and police search warrant protocol.

416-DEFENCE | 416-333-3623

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