Assault with a weapon / Assault causing bodily harm (CC 267) – Common Criminal Charges

Assault with a weapon / Assault causing bodily harm (CC 267) – Common Criminal Charges

Assault with a weapon / Assault causing bodily harm (CC 267) is a hybrid offence. Individuals convicted of assault with a weapon or causing bodily harm are usually sentenced to a fine payment, probation and, in some cases, a period of jail time or house arrest. Repeat offenders are generally given heavier sentences and are more likely to be given jail time.

It is important to note that a weapon can be any object. It does not need to be a knife or a gun or any other tool that we commonly think of as weapons.

We have heard of everyday objects ranging from an ashtray to a stuffed animal toy described as weapons. Essentially any object used to cause any type of harm to another person can be a weapon.

It is also important to understand that in Canada it is very difficult to justify violence. For example, based on the people we speak to many believe that if they were not the person who “started the fight” they would not be subject to arrest. This is not true in our experience.

The only way to assure that you are never charged with assault causing bodily harm or assault with a weapon is ensure that you do not engage in any form of violence. Physical violence should always be your last resort and should only be used when no other options are available.

To void being arrested for assault of any kind the best thing you can do if confronted with a situation that could turn violent is to call the police immediately, provide your name, location and explain the situation. Inform them that you are doing everything possible to avoid a confrontation but you believe the situation will proceed beyond your control.

Should you find yourself convicted of assault with a weapon or assault causing bodily harm there are steps you can take to remove any record of your conviction.

A Record Suspension will remove any record of an assault conviction from an individual’s criminal history. The record of conviction will be kept separate and apart and will not be released to third parties through criminal background checks.

To qualify for a pardon / record suspension you will need to complete your sentence which involves paying fines, competing probation, attending counselling, finishing a jail sentence, and so forth.

Depending on the severity of the situation any of the above outcomes are possible. But whatever it is you must complete everything the court ordered you to do. Then you must be sure to stay out of trouble for a period of 3, 5 or 120 years, depending on the details of the case.

Once that period is complete, we can petition the Parole Board of Canada on your behalf and if you qualify the record will be sealed.

A criminal record for assault can mean that an individual is prevented from finding employment, doing volunteer work and being bonded. It can also make it difficult for an individual to become a Canadian citizen or permanent resident. Therefore, it is important to apply for a pardon and have your record sealed so it will not affect you life moving forward.