These offences are extremely serious and due to recent amendments to the Criminal Code, punishments for such crimes have increased penalties upon conviction including mandatory minimum jail sentences. If a person has been charged with an offence involving guns, gangs and/or weapons they require experience defence counsel familiar with this area of law. Contact us today to schedule a free consultation and case review.
A weapon is not just an object that is known to be dangerous like a gun or a sword. The Criminal Code broadly defines a weapon as anything used in causing death or injury to any person, or for the purpose of threatening or intimidating any person. This means is that many object can be classified as a weapon depending on how they are used.
An ordinary object like a brick or a baseball bat can be a weapon depending on the circumstances. Although having these types of objects is not a crime, the way an individual carries, transports, holds these objects may be classified as a criminal offence.
Some items are prohibited outright. These include switchblades, tasers and brass knuckle.
Weapons offences may include: carrying a concealed weapon, possession of a weapon for a dangerous purpose, possession of a prohibited or restricted weapon and assault with a weapon.
Gun offences may include: using firearm in commission of offense, careless use of firearm, pointing a firearm, possession of a weapon for a dangerous purpose, unauthorized possession of firearm, possession of unauthorized firearm, possession of restricted or prohibited firearm, robbery with a firearm, careless storage of a firearm and ammunition related offences.
The Criminal Code defines organized crime as a group composed of three or more people in or outside Canada where one of their main purposes is the facilitation or commission of one or more serious offences that, if committed, would likely result in the direct or indirect receipt of a material benefit by the group or by any of the persons who constitute the group. It does not include a group of people that form randomly for the immediate commission of a single offence
If arrested by police you should remain silent and ask to speak to a lawyer at your earliest opportunity. In cases where you have been charged with gangs, weapons or firearms related offences you should not plead guilty and retain an experienced criminal defence lawyer with the expertise and knowledge to defend these types of allegations. Every person has a right when accused of a crime to make a full answer and defense by obtaining and reviewing the information that will be used by the crown in an attempt to obtain a conviction. An experienced criminal defence lawyer will identify the technicalities of a case, raise every defence available and the challenges of lawfulness of any search, seizure or arrest.
R. v M.A.H.
Charge: Aggravated Assault, Assault with a Weapon
Result: All charges withdrawn.
Life happened and I had to call someone at 3 am – only person to answer and he answered so promptly I thought I was talking to a voicemail.
Excellent service, in the beginning I didn’t know what to think. I would definitely recommend Hossein Motevalli. All charges against me were withdrawn after a 6 day trial was scheduled!
I was extremely nervous when I was originally charged. Mr. Hossein Motevalli went to all my court dates and was able to have all charges against me withdrawn before trial.
I’ve been in and out of court half my life represented by numerous lawyers who were just doing their jobs until I walked into Mr. Hossein Motevalli’s office.