Weapons Offences Charges in Hamilton
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 Hamilton, 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).
The John Sopinka Courthouse at 45 Main Street East is Hamilton's criminal court, named after the late Supreme Court of Canada Justice John Sopinka. Hamilton Police Service patrols the city, and the courthouse handles both Ontario Court of Justice and Superior Court of Justice criminal matters for the Hamilton-Wentworth area. Hamilton has an active Crown Attorney's office, and the courthouse processes a wide range of criminal charges from across the region.
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 Hamilton
Criminal charges in Hamilton are heard at the John Sopinka Courthouse. 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.