Weapons Offences Charges in Burlington
If you have been charged with unauthorized possession of a firearm, carrying a concealed weapon, weapons dangerous to the public peace, possession of a prohibited weapon, and use of a firearm in the commission of an offence in Burlington, the consequences are serious. Unauthorized possession of a firearm carries a maximum of 5 years. Carrying a concealed weapon carries a maximum of 5 years. Using a firearm in the commission of an indictable offence carries mandatory minimums — 1 year for a first offence, 3 years for a second. Possession of a loaded prohibited or restricted firearm carries a mandatory minimum of 3 years (5 years for a second offence).
Burlington residents charged with criminal offences will typically have their cases heard at the Milton courthouse, which serves all of Halton Region. For some matters, cases may also be directed to the John Sopinka Courthouse in Hamilton. Halton Regional Police patrols Burlington, and common charges include impaired driving, domestic assault, and fraud. An experienced defence lawyer familiar with both the Milton and Hamilton courts can advise on the best approach for your case.
How We Defend Weapons Offences Charges
Every weapons offences case is different, but experienced defence lawyers look for weaknesses in the Crown’s case at every stage. Common defence strategies include:
- Lawful possession — valid licence, registration, or authorization
- Lack of knowledge that the item was a weapon or was prohibited
- Charter violations in the search, seizure, or arrest
- No intent to use the item dangerously or to carry it for a dangerous purpose
- Challenging constructive possession — control and knowledge not proven
- The item does not meet the legal definition of a prohibited or restricted weapon
The Court Process in Milton
Criminal charges laid in Burlington are heard at the Milton Courthouse in Milton. Your first appearance will typically be scheduled within a few weeks of being charged. At that appearance, your lawyer will receive disclosure (the Crown’s evidence against you) and begin assessing the strength of the case.