Your Assault with a Weapon Lawyer Serving Brampton
Nirwal Law, located in Brampton and led by criminal defence lawyer Manbir Nirwal, focuses exclusively on safeguarding your rights and protecting your future. Knowing the stakes are high, Manbir brings extensive courtroom experience and a results-driven approach to your case.
Manbir takes a strategic and a personalized approach to every case. Whether the charge is minor or serious, Manbir is committed to achieving the best possible outcome for you. Your defence begins here!
Have You Been Charged with Assault with a Weapon?
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Charges of assault with a weapon or causing physical harm are serious. A guilty verdict could affect your personal, professional and familial life. Criminal defense attorney Manbir Nirwal has extensive knowledge and will review every detail of evidence as well as assess the credibility of witnesses and look for inconsistencies in the prosecutor’s case.
Nirwal Law defends clients charged with serious assault offenses such as those under Section 267. At Nirwal Law, we strive to deliver quality legal services as a criminal lawyer while protecting our client’s rights and working towards an optimal solution by either reducing the charges brought by the Crown, obtaining alternative sentencing options, or going to trial on behalf of our clients.
What is Assault With a Weapon or Causing Bodily Harm?
You are committing an offense under section 267 of the Criminal Code when you commit an assault and do so by either,
- Using, carrying or threatening to use a weapon during the commission of an assault
- Committing an assault which causes bodily harm to the victim.
The term “assault with a weapon” applies to anything that may cause fear for injury to another person; whether it is an ordinary weapon such as a knife, or something that would not normally be considered a weapon like a glass bottle or pen.
For example, if the victim was injured, but not seriously harmed (i.e. bruises), then this would constitute ‘bodily harm’ (a requirement for the second charge above).
Possible Consequences for Assault with a Weapon Charges in Ontario
An Assault With a Weapon or an Assault Causing Bodily Harm Charge Involves Serious Legal, Personal And Professional Consequences. Assault with a weapon or assault causing bodily harm is charged under Section 267 of the Criminal Code (Canada), which treats weapons-related assaults as more serious than common assault. This is due to the fact that the weapons offence involves either the actual use of a weapon, the threat to use a weapon, or physical injury that will impact a victim’s health and/or well-being.
Potential consequences of being convicted of an Assault with a Weapon or an Assault Causing Bodily Harm include:
- A permanent entry onto your Criminal Record;
- Jail time (penitentiary) if this was deemed serious enough;
- Probation under very strict terms;
- Fines; Restitution; Mandatory counseling;
- Weapons prohibition orders (you cannot possess any firearms);
- Travel restrictions (e.g. you may have difficulty traveling into the U.S.);
- Loss of Employment Opportunities/Professional Licenses;
- Immigration complications for non-citizens/residents;
- Family Court & Child Custody issues;
- Damaging effects upon your Personal & Professional Reputations.
As Hybrid Offences, both Assault With a Weapon and Assault Causing Bodily Harm can be tried at either Summary Conviction level, OR Indictable Level. It is at the discretion of the Crown whether to proceed at one level over the other. Indictable convictions can result in up to 10 years in jail.
How We Defend Assault Charges
Each assault charge has its unique elements. The success of your defense will depend on a complete analysis of all the available evidence including; witness statements, police conduct, medical records and surrounding circumstances. At Nirwal Law, we work to find flaws in the Crown’s case while protecting your rights and your future.
Possible defense strategies:
- Attacking the credibility & reliability of a witness statement(s)
- Arguing that the injuries do not satisfy the legal definition of bodily harm
- Establishing that you acted in self-defense or defense of another person
- Establishing that the allegations were exaggerated, fabricated or motivated by anger, jealousy or revenge
- Determining if the object is legally defined as a “weapon” under the criminal code.
- Reviewing surveillance footage, text messages, 911 recordings, and medical evidence for discrepancies
- Attacking unlawful searches by police, arrests by police, and violations of your rights under the charter.
- Negotiate with the Crown for reduced charges or alternative resolutions when appropriate.
At Nirwal Law, Manbir Nirwal will take a strategic & thorough approach to defending assault allegations. Early intervention can make a significant difference to the outcome of a case especially if there is evidence that must be preserved or weaknesses in the prosecution’s case need to be identified quickly. Clients will receive clear communication, practical guidance and a defense strategy tailored to their specific facts.
Why Clients Choose Manbir
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
Manbir Nirwal
Manbir Nirwal
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
Assault with a Weapon Charges FAQs
Yes. In Ontario, you could potentially be charged for assault with a weapon regardless of whether you ever touched another person using that item. Charges can be made by the Crown based upon evidence which shows an alleged threat, intimidation or attempted injury was done to another person by an object (even everyday objects like a bottle, tool, key or chair) being held in a threatening manner at some point during the physical confrontation.
Bodily Harm" is defined by "the laws of Canada", as any injury to a body that hampers one's ability to live and be comfortable in more than just a minor or short-term way. Examples of Bodily Harm are; Cuts needing stitches, fractures, Concussions, Extensive Bruising, Chronic Pain etc. Minor Redness or Small Scratches may fall below the "Legal Threshold". In most cases Medical Records, Photographs & Witness Testimony will help establish if "Bodily Harm" has been sustained.
In addition to determining whether an individual will have to serve jail time for assault causing bodily harm in Ontario; courts assess all cases individually with respect to the degree of physical injury caused by the assault, if a weapon was used during the assault, the prior criminal record of the offender and other circumstances that contributed to the commission of the offense. It is possible for an offender who has never committed a similar type of offense before (first-time offender) to resolve their charge through one of many possible means, such as; conditional discharge, suspended sentence, probation, etc., based on the specifics of each offense.
Yes. If a defendant had a legitimate reason to believe that they were going to be harmed by someone else immediately, and used reasonable force in defense of himself/herself or someone else, then a self-defense claim could be made. Ultimately, it is up to the judge/jury to determine what happened based on their own interpretation of the evidence presented. Such evidence can include video surveillance, police radio communications, witness testimony, phone records/text messages/911 calls.
Yes. Convictions for crimes related to assault (with weapons) can significantly impact your immigration and/or ability to travel. As a permanent resident of Canada and/or non-Canadian citizen there is a risk that you could be considered "inadmissible" from the U.S. or other jurisdictions. In extreme cases it may result in removal proceedings. The existence of a criminal record may also cause problems when traveling to certain countries, like the United States. Speak with an experienced Criminal Defense Lawyer at an early stage to determine what possible long term implications will occur as a result of being charged.
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Have You Been Charged with Assault?
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