Assault with a Weapon Charges in Ontario — Penalties, Defences & What to Know

What Is Assault with a Weapon?

Assault with a weapon is defined in section 267(a) of the Criminal Code. A person commits this offence when, in committing an assault, they carry, use, or threaten to use a weapon or an imitation of a weapon.

The offence builds on the definition of assault in section 265. The Crown must prove two things: first, that the accused committed an assault — the intentional application of force to another person without their consent, or a threat to apply force accompanied by the ability to do so — and second, that the accused carried, used, or threatened to use a weapon or an imitation of a weapon in the course of that assault.

Note that the accused does not need to actually use the weapon. Simply carrying a weapon during an assault, or threatening to use one, is sufficient. Picking up a kitchen knife during an argument and saying “I’ll stab you” while advancing toward someone can ground a charge, even if the knife never makes contact.

What Counts as a “Weapon”?

Section 2 of the Criminal Code defines “weapon” as anything 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.

This definition is deliberately broad. Whether something is a weapon depends not on what the object is, but on how it was used or intended to be used. The courts have consistently held that virtually any object can become a weapon in the right circumstances.

Objects that Ontario courts have found to be weapons include:

• Edged weapons: Knives, box cutters, scissors, broken glass, razors
• Blunt objects: Baseball bats, hockey sticks, crowbars, hammers, rocks, bricks
• Household items: Beer bottles, frying pans, hot liquids, chairs, lamps
• Vehicles: A car or truck used to strike or attempt to strike someone
• Body parts used with objects: Steel-toed boots used to kick, rings used to punch
• Animals: A dog commanded to attack someone
• Imitation weapons: Pellet guns, replica firearms, toy guns used to threaten

The implication is significant: a bar fight involving a thrown beer bottle is not just simple assault — it is assault with a weapon, carrying dramatically higher maximum penalties.

Assault with a Weapon vs. Simple Assault vs. Aggravated Assault

The Criminal Code creates a hierarchy of assault offences with escalating seriousness and penalties. Understanding where assault with a weapon sits in this hierarchy is important for anyone facing charges.

The distinction between these levels matters enormously for sentencing and collateral consequences. Simple assault can often result in a discharge or peace bond — no criminal record. Assault with a weapon is treated far more seriously, and aggravated assault typically results in a penitentiary sentence. Defence counsel’s ability to characterize the conduct — and negotiate the level of charge — can be the difference between a discharge and years of incarceration.

Section 267(b): Assault Causing Bodily Harm

Section 267 contains two distinct offences. Section 267(a) is assault with a weapon. Section 267(b) is assault causing bodily harm — an assault that causes bodily harm to the complainant. Both carry the same maximum penalty of 10 years on indictment.

“Bodily harm” is defined in section 2 of the Criminal Code as any hurt or injury that interferes with the health or comfort of the complainant and that is more than merely transient or trifling. Broken bones, concussions, cuts requiring stitches, and lasting bruising all qualify. A person can be charged with both 267(a) and 267(b) if they used a weapon and caused bodily harm, though the Crown usually proceeds on whichever count is strongest on the evidence.

Penalties and Sentencing

Assault with a weapon is a hybrid offence. The Crown can proceed by indictment (maximum 10 years) or by summary conviction (maximum two years less a day). There is no mandatory minimum sentence, which means the full range of sentencing options is available.

Sentencing ranges vary significantly based on the circumstances:

• Minor cases (threatening with a weapon, no contact, no injury): A conditional or absolute discharge, a suspended sentence with probation, or a short conditional sentence may be available for first offenders.
• Moderate cases (weapon used to strike, minor injuries): Sentences typically range from a suspended sentence to 6–12 months custody, often with probation.
• Serious cases (weapon caused significant injury, vulnerable complainant, domestic context): Custodial sentences of 12–36 months are common, particularly where aggravating factors are present.

Aggravating factors that increase the sentence include: the use of a particularly dangerous weapon (knife, firearm), injuries to the complainant, a domestic relationship between the accused and the complainant, intoxication, the presence of children, a prior criminal record for violence, and breach of bail conditions or a peace bond.

Mitigating factors include: no prior criminal record, provocation, the accused’s youth, genuine remorse, steps toward rehabilitation, and a guilty plea at an early stage.

Weapons Prohibition Orders

A conviction for assault with a weapon triggers a weapons prohibition order under the Criminal Code. The type and duration of the prohibition depend on how the Crown proceeded:

• Indictment (s. 109): A mandatory prohibition order for a minimum of 10 years (first offence) or life (second or subsequent offence). The order prohibits the offender from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition, or explosive substance.
• Summary conviction (s. 110): The court has discretion to impose a prohibition order for up to 10 years, but it is not mandatory.

A weapons prohibition can have significant collateral consequences. It affects anyone who holds a firearms licence, hunts, works in security, law enforcement, or the military, or who possesses firearms for any lawful purpose. The prohibition extends beyond firearms to include crossbows, prohibited weapons, and even certain knives. Violating a weapons prohibition is a separate criminal offence under section 117.01, carrying a maximum of 10 years on indictment.

Bail Conditions

Assault with a weapon is one of the offences where bail conditions tend to be particularly restrictive. A person charged with this offence will typically face:

• A no-contact order with the complainant and any witnesses
• A weapons prohibition — immediate surrender of any firearms, and a prohibition on possessing weapons pending trial
• A requirement to reside at a specific address, often with a surety (a person who supervises the accused in the community)
• A curfew and restrictions on leaving the province
• In domestic cases, a requirement to vacate the shared residence

These conditions remain in effect until the case is resolved — which can be 12 to 18 months or longer in the GTA. Breaching bail conditions is a separate criminal offence that can result in the accused being detained in custody for the remainder of the proceedings.

Defences

Assault with a weapon charges are defended by challenging the Crown’s ability to prove the essential elements: that an assault occurred and that a weapon was involved.

Self-defence (s. 34). The most common defence in weapon assault cases. If the accused reasonably believed they were at risk of force or a threat of force, their response was for a defensive purpose, and their actions were reasonable in the circumstances, the accused is not guilty. Self-defence can apply even when a weapon was used in response to an unarmed attack, provided the response was proportionate. The court considers the nature of the threat, the relationship between the parties, the size and strength differential, and whether the accused had other options.

No weapon. The defence may argue that the object in question does not qualify as a weapon — that it was not used, designed, or intended to cause injury or intimidate. Context is everything: a pen used to write is not a weapon; a pen thrust at someone’s eye is. If the Crown cannot establish that the object meets the statutory definition, the charge under s. 267(a) fails, though a lesser charge of simple assault may still apply.

Consent. If the complainant consented to the application of force — in the context of a mutual fight, for example — the assault element may be negated. However, consent has limits: under section 265(3), no consent is obtained where bodily harm is intended and caused. The Supreme Court in R v. Jobidon held that consent is vitiated where the accused intended to and did cause serious bodily harm.

Credibility of the complainant. Many assault with a weapon cases arise from domestic disputes or altercations between people who know each other. There are often no independent witnesses. The case turns on the complainant’s credibility and reliability — are their statements consistent, are they corroborated by physical evidence, and do they have a motive to fabricate?

Identity. In cases involving multiple people — bar fights, group altercations — the Crown must prove that the accused was the person who committed the offence. Mistaken identification, poor lighting, chaotic scenes, and conflicting witness accounts can all undermine the Crown’s case on identity.

Charter violations. If the police obtained evidence in violation of the accused’s rights — an unlawful search, a failure to provide the right to counsel, coerced statements, or an unlawful detention — the evidence may be excluded under section 24(2) of the Charter. Statements made to police without being cautioned or without access to counsel are particularly vulnerable to exclusion.

Domestic Context

A significant number of assault with a weapon charges arise in the domestic context. An argument escalates, someone picks up a household object — a phone, a plate, a kitchen utensil — and what would otherwise be a simple domestic assault becomes assault with a weapon.

Domestic assault with a weapon cases carry additional complications:

• The Crown proceeds more aggressively — domestic violence is treated as an aggravating factor under section 718.2(a)(ii)
• Bail conditions are more restrictive, often requiring the accused to leave the family home
• The Crown is less willing to negotiate reductions or withdrawals
• The complainant cannot “drop the charges” — only the Crown can withdraw
• Immigration consequences can be severe for non-citizens convicted of a domestic offence

For more on how domestic assault cases proceed and the specific defences available, see our domestic assault charges guide.

How We Defend Assault with a Weapon Cases

RH Criminal Defence defends assault with a weapon charges at courthouses across the GTA, including Old City Hall and 2201 Finch Court in Toronto, Brampton, Newmarket, and Oshawa. The approach in every case starts with the evidence:

• Full disclosure review. Every police report, witness statement, medical record, photograph, surveillance recording, and 911 call is reviewed in detail. Inconsistencies in the complainant’s statements, gaps in the evidence, and Charter violations during the investigation are identified and documented.
• Witness assessment. The complainant’s credibility is assessed against all available evidence. Prior inconsistent statements, recantations, and motives to fabricate are explored. Independent witnesses and video evidence are sought.
• Negotiation. In appropriate cases, defence counsel negotiate with the Crown for a reduced charge — from assault with a weapon to simple assault, or from a criminal charge to a peace bond. A reduction from s. 267 to s. 266 can mean the difference between a mandatory weapons prohibition and no prohibition, and between a custodial sentence and a discharge.
• Trial. When the case cannot be resolved and the defence is strong, the matter proceeds to trial. The Crown must prove every element beyond a reasonable doubt — that an assault occurred, that a weapon was involved, and that the accused is the person who committed the offence.