In Ontario, firearms offences are governed by the Canadian Firearms Act and Sections 84-117 of the Criminal Code. Firearms cases are often serious, with penalties ranging from fines to lengthy prison sentences. If charged with a firearms offence, having a skilled lawyer by your side can be critical. Here, we outline how legal representation can assist those facing firearms-related charges in Ontario.
Understanding Firearms Offences in Ontario
Firearms offences encompass a range of activities, from improper storage to using a firearm in the commission of a crime. Common charges include:
- Unauthorised possession – Possessing a firearm without a valid Possession and Acquisition License (PAL) can lead to fines or imprisonment.
- Improper storage – Storing firearms or ammunition carelessly can lead to charges, even if no harm results.
- Carrying a concealed weapon – Transporting a firearm in a concealed manner, without proper permits, is an indictable offence.
- Trafficking weapons – Involvement in selling or distributing firearms illegally is a serious charge.
- Using a firearm to commit a crime – Aggravated assault, robbery, or other violent acts involving a firearm are heavily penalised.
The Role of a Lawyer in Firearms Cases
A lawyer experienced in firearms offences can provide crucial assistance in several ways:
1. Evaluating the Legitimacy of Charges
A lawyer will carefully examine the facts to determine if the charge is justified. For instance, the legality of the search and seizure process plays a critical role. A firearm found during an unlawful search may be dismissed as evidence, possibly leading to a reduction or dismissal of charges.
2. Negotiating with the Crown
In firearms cases, the Crown/prosecution may offer a plea deal, especially if the charges are less severe or involve mitigating circumstances. Lawyers experienced in firearms offences know how to negotiate favourable terms, potentially resulting in lesser penalties or reduced charges.
3. Building a Defence Strategy
A lawyer can develop a defence strategy based on factors like intent, possession laws, or safety measures. For example, if the charge involves careless storage, your lawyer might argue that you met the required safety precautions under the Firearms Act.
4. Challenging Evidence and Witnesses
A skilled lawyer will scrutinise all evidence presented by the Crown and may challenge the credibility of witnesses, especially in cases where intent is a significant factor. Lawyers can argue against evidence that was obtained unlawfully or that doesn’t directly link the accused to the offence.
5. Providing Guidance on Licensing and Ownership Compliance
For those unfamiliar with firearm licensing, a lawyer can provide valuable guidance. They can advise on compliance requirements, ensuring that clients meet all conditions for legally owning and transporting firearms.
Common Penalties for Firearms Offences in Ontario
The penalties for firearms offences vary significantly depending on the severity of the crime:
- Summary Conviction: Lesser offences, such as minor possession infractions, may be tried summarily with a maximum penalty of six months to a year in jail and fines.
- Indictable Offences: More serious charges, like aggravated assault with a firearm, can result in up to 10 years of imprisonment or more. Repeat offences carry additional penalties.
- Life Imprisonment: Certain violent crimes committed with a firearm, such as armed robbery, may result in a life sentence.
Why Early Legal Representation Matters
Early legal intervention can often alter the course of a case. For instance, if you contact a lawyer immediately after being charged, they can ensure that your rights are protected from the outset. This may include advising you during police questioning, ensuring no incriminating statements are made without legal counsel present.
FAQs on Firearms Offences in Ontario
- What if I wasn’t aware of the firearm’s location?
- Lack of intent may be used as a defence. However, the Court will assess whether it was reasonable for you to be unaware.
- What counts as careless storage?
- Failing to secure firearms or leaving them accessible, especially to minors or unauthorised individuals, is considered careless.
- Can a conviction be appealed?
- Perhaps a conviction can be appealed. Being unhappy with the end result, such as a conviction, is not sufficient grounds for an appeal. There are strict parameters for appeals; if they exist, a knowledgeable lawyer will start the appeal process. An experienced lawyer can review your case and seek a reduction or dismissal if possible.
Conclusion
If you face a firearms charge, hiring a knowledgeable lawyer can make a huge difference in the outcome. From negotiating lesser penalties, to challenging evidence, experienced legal representation safeguard your rights. Find the right lawyer in Ontario to discuss your case and get the guidance you need to move forward confidently.Explore our directory of vetted legal professionals to find an expert who specialises in firearms offences in Ontario.
Read about: Choosing a Criminal Defence Lawyer in Ontario
