Ines Gavran
Toronto Possession Weapon Criminal Defence Lawyer
Toronto criminal defence lawyer Ines Gavran tirelessly analyzes all aspects of the case to fearlessly and strategically defend the case at all stages of the criminal justice system
Your right to be free from arbitrary detention or arrest.
Information
Your right to be informed of the reason for the arrest.
Silent
Your right to remain silent.
Reasonable Time
Your right to be tried within a reasonable time.
Consult with Criminal Defence Lawyer in Toronto
Criminal Defence Lawyer defends possession of weapon charges – Toronto, Brampton, Mississauga, North York
Defending a charge of possession of weapon for dangerous purpose is highly dependent on the circumstances of the case. Having an experienced criminal defence lawyer can change the outcome of your case immensely. At Gavran Criminal Defence, Toronto criminal defence lawyer Ines Gavran tirelessly analyzes all aspects of the case to fearlessly and strategically defend the case at all stages of the criminal justice system.
possession of Weapon
Criminal Code
What is Possession of Weapon for a Dangerous Purpose
The Criminal Code prohibits possession of weapon if the possession of the weapon is for a dangerous purpose. A dangerous purpose is broadly defined as an intention to commit a criminal offence, or a purpose that is “dangerous to public peace”. Section 2 of the Criminal Code defines a “weapon” as “anything used to cause death or injury to another person or used to threaten or intimidate another person” (visit our page “assault with a weapon” for more info). Simply put, anything can be a weapon if a person has the intent to use it in an injurious way. Possession of a weapon also includes imitation weapon and ammunition. In order to prove the criminal charge, the Crown Attorney must prove, beyond a reasonable doubt, the possession of the weapon. The possession has two components: knowledge and control. Both are required to constitute possession. In a case where a person does not have a weapon on their person, they could still be in possession of the weapon. For example, they had a weapon stored at their house, or in their car. The Crown must also prove that the person possessed the weapon for a dangerous purpose. Essentially, the Crown needs to show the person had the intention to use the weapon in a dangerous way or to commit a criminal offence. To prove intention, the Crown can look at all the circumstances of the case, such as events leading up to arrest, and words spoken by the accused. There is no need to show the person used the weapon in a dangerous way. The offence is focused on the possession itself and the purpose of the possession.
Punishments for possession of weapon
Possession of a weapon is a hybrid offence. If the case proceeds by way of indictment, the maximum sentence is 10 years in prison. If the case proceeds by way of a summary election, the maximum sentence is 6 months in jail. If the person is found guilty of possession of weapon, a weapon prohibition order will be imposed and potentially an order to provide a sample of DNA to the police. A conviction will also result in a criminal record.
At Gavran Criminal Defence, our philosophy is that dedication, attention to detail, well prepared strategy and effective advocacy is what secures the best results.
If you are charged with possession of weapon for a dangerous purpose, call Gavran Criminal Defence immediately at (647) 624-6324 to schedule your initial consultation.
Call Toronto-based Criminal Defence Lawyer Ines Gavran today!
All Rights Reserved. 