Weapons Offences Charges in Markham
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 Markham, 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).
Criminal charges in Markham are heard at the Newmarket courthouse, which serves all of York Region. York Regional Police patrols Markham and surrounding communities. Like neighbouring Richmond Hill, Markham has a large and diverse immigrant population, and immigration consequences of a criminal conviction — including inadmissibility, loss of permanent resident status, or deportation — are a critical factor in defence strategy for many clients facing charges.
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 Newmarket
Criminal charges laid in Markham are heard at the Newmarket Courthouse in Newmarket. 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.