When anyone thinks of weapons, guns or knives often come to mind. But anything that can harm a person can be considered a weapon whether it is a frying pan, baseball bat, or a flower pot. Recently, a man was charged with an assault with a weapon by throwing hot coffee at someone. In the province of Quebec, the issue of weapon offenses is both sensitive and complex. It is crucial to know when to seek the expertise of a weapon offense lawyer in Laval, ensuring that your rights are protected and the best possible legal outcome is achieved.

Understanding Of Weapon Offenses from a Weapon Offense Lawyer

Such offenses encompass a range of illegal activities involving weapons. The criminal code defines a weapon as anything used to cause harm, injury, or death to a person. These offenses include unauthorized possession, trafficking, and use of weapons.

The law specifically defines what constitutes a weapon, the legality of its possession, and the circumstances under which its use becomes an offense. Important legal precedents have further refined these definitions, setting clear benchmarks for legal proceedings.

Types Of Weapon Offenses

There are various weapon offenses which are described below along with the punishments:

Types of Weapon OffensesDefinitionSectionPossible Punishment
Weapon PossessionSection 88 of the Criminal Code A punishment for imprisonment not extending 10 years and also liable to fineUnauthorized import and export of weapons from one place to another.
Weapon Importing & ExportingSection 103 of the Criminal CodeAn offense, who uses firearms to cause bodily harm or injury to the other personA punishment from 3 years to 10 years of imprisonment depending upon the severity of the crime
Illegal use of firearmSection 85 of the Criminal CodeAn offense where the weapons are manufactured and traded illegally. A punishment of imprisonment of 14 years not exceeding more than that
Weapon TraffickingSection 99 of the Criminal CodeSection 99 of Criminal CodeA punishment from 3 years to 10 years of imprisonment depending upon the severity of the crime

Classification & Implications In The Criminal Code

The classification of weapon offenses can be described as summary, indictable, or hybrid offenses under the criminal code. The classification of a weapon offense affects the legal process, potential defenses, and consequences. Understanding these implications is crucial in preparing a defense strategy that you can get from a weapon offenses attorney.

  • Summary Conviction: Such convictions are less serious and include minor unauthorized possession. These cases are generally faster to resolve. Penalties for summary offenses are lighter fines of up to $5,000 and imprisonment of up to 6 months.
  • Indictable Conviction: Such offenses are more severe and include serious weapon charges. These cases are tried in higher courts and can involve a jury. The penalties can vary from mild to harsher, depending upon the seriousness of the crime.
  • Hybrid Conviction: This conviction is also known as dual procedures or electable offenses. The legal process of hybrid offense depends on factors like the severity of the crime. Penalties for hybrid offenses vary significantly, ranging from lighter summary conviction penalties to more severe indictable offense penalties.

What to do if you get arrested for a Weapon Offense

Primary Action

If you get arrested the first and foremost thing is not to resist the arrest, then keep yourself calm and silent. You don’t have to answer any questions until your weapon offense lawyer is present. Always remember your time, location, officers involved, and the circumstances of the arrest. This information can be crucial to your defense.

Choose your weapon offense attorney

When you get arrested for such offenses choose a weapon crimes lawyer in Laval as soon as possible. You should be completely honest with your attorney and provide all the necessary details, documents, and evidence to strengthen your case. Hence, it is important to choose a lawyer who is well-versed in the province’s weapon crimes like El Haddad Avocats, a specialized weapon offense lawyer.

Your Rights After Arrest

Even though you have committed a crime, still you have various rights and the first right is that you are entitled to get a fair trial and due process under the law. The second right is that you have the right to remain silent and know the charges for which you have been arrested. The Charter of Rights and Freedom provides various rights to the accused person so that the accused can also get a chance to prove his/her point and a fair trial can be conducted accordingly. To know your rights in-depth you should seek a weapon offense lawyer’s in Laval advice, who can guide you through the complexities of weapon offense.

A person committed the weapon offense and now want to seek help from weapon offense lawyer

What to Expect for Weapon Offense Charges

during conviction process

At the time of conviction, depending upon the crime committed by you various fines and sentences are given. The higher the crime committed higher the chances of getting severe punishment. The sentences for such crimes can range from a few months to several years. However, in some cases, a judge may sentence an individual to probation instead of adding a fine and imprisonment.

First-Time vs. Repeat Arrests for Weapon Offenses

The judge may show leniency for first-time offenses. They give lenient sentences, if the offender shows remorse, has paid restitution, or corporate with the authorities. But if the offender committed the same offense again then there are chances to get severe punishment like a longer term of imprisonment along with a high fine. Also, get a longer period of probation.

Legal Consequences of Weapon Offenses

The legal consequences for such crimes are not limited to fines and imprisonment but it can also affect your life personally too. The sentences can range from probation and community services to long-term imprisonment, depending on the nature of the offense. Fines and restitution payments may also be imposed, impacting the defendant’s financial situation.

Life After Conviction: Social Implications

Having such a criminal record can impact your life to such an extent that you can get fired from your job and find it difficult to get a new job. The convicted individual often faces social stigma and isolation, affecting their community standings and personal relationships. There may be restrictions on travel and certain civil liberties and the individual may be prohibited from certain professions or activities.

Post-Conviction Scenario

After serving a sentence, the offender’s reintegrating into society can be challenging. Access to support systems and rehabilitation programs is crucial. Post-conviction life includes probation or parole, requiring regular check-ins and compliance with specific conditions.

Practical Examples

  1. John, a university student, was arrested for carrying a concealed handgun without a permit. He was stopped for a routine traffic check, and the police found the firearm in his glove compartment during a search of his vehicle. When discovered, he required a weapon crime lawyer to navigate the legal complexities.
  2. Sarah, a shop owner, was charged with illegal possession of a prohibited weapon after law enforcement discovered a cache of unregistered, modified rifles in a hidden compartment at her store during a surprise inspection. This act led her to seek a weapon offenses attorney when charged.

Related Policies to Weapon Offenses

There are various regulations and policies related to weapon offenses in Quebec. These policies help a weapon crime lawyer to safeguard you and your rights from such offenses.

  • Firearms Licensing and Registration
  • Prohibited and Restricted Weapons
  • Carrying Laws
  • Use of Firearms in Self-Defense
  • Criminal Code
  • Charter Rights and Freedom

Conclusion

Understanding the nuances of weapon offenses in Quebec is crucial. Whether facing charges or simply seeking information, it’s important to consult with a knowledgeable weapon offense lawyer in Laval. El Haddad Avocats, a weapon crimes attorney specializing in criminal and penal law, is well-equipped to provide expert guidance and representation in these matters. Remember, the right legal support can make a significant difference in the outcome of your case. To get help for such offenses, contact us.

Relevant legal resources

  • The Criminal Code provides the foundation for the prosecution of these crimes.
  • Charter of Rights & Freedoms, provided under this act that everyone has a right to freedom whether in terms of equality, life, judicial rights, political rights, and much more.

El Haddad, Avocats

Address:
3090 Boul. le Carrefour bureau 200, Laval, Quebec, H7T 2J7, CA
Secondary phone: 514-712-2686
Fax: 450-687-8181
URL: https://elhaddadavocats.com/en/locations/criminal-lawyer-laval/