Firearms & Weapons Offenses
Me Amar has defended many cases for possession of weapons. Usually such an accusation is one amongst others, such as drug-related offenses or home invasions. These accusations usually imply a more severe sentence including jail time. Given the stakes, it is important to hire an experienced attorney to assure you with the best defense.
What is a weapon?
Under section 2 of the Criminal Code, a “weapon” is defined as anything 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
And, without restricting the generality of the foregoing, includes a firearm.
There are items that will always meet the definition of a weapon because they are expressly listed in the Criminal Code and then there are other objects that may be considered as weapon if used with the intent to injure someone.
Firearms, brass knuckles or cross bows are examples of objects that are expressly defined as weapons in the Criminal Code. On the other hand, an object such as a baseball bat, a glass bottle or even a car may be considered a weapon if used with the intent to injure another person.
The Crown prosecutor must establish that the item meets the definition or is included within the list of prohibited weapons in order to prove that the object is in fact a weapon as defined by the Criminal Code.
Some of the most common weapons offenses include the following: possession of a restricted weapon, possession of a weapon for a dangerous purpose, possession of a firearm with ammunition, improper storage of a Firearm and carrying a concealed weapon.
What defenses do I have?
Every case is different, but understanding circumstances around the following questions will likely be used as the building block for your defense: Was the object even a weapon? Were you really in possession? Did you know the weapon was in your house? Did you really intend to hurt the complainant?
Me Amar will meticulously analyze the accusation laid against you before accepting the Crown’s allegation that the object was in fact a weapon or that it was used as a weapon. Specifically, the design and the intended use of the object are factors that must first be considered.
The legal principle of possession is also a very important element to be evaluated. The Crown must prove that you had the knowledge and control of the object in question.
Me Amar will also scrutinize the manner in which the police found the weapon. Was your home searched legally? Were your Charter Rights breached?
There are many other angles to consider and these are just a few. Me Amar will thoroughly walk you through the process as she builds for you the best defense for your case.