Careless Weapon Handling and Storage Offences Lawyer Calgary

What Is Careless Weapon Handling and Storage

In Canada, the Criminal Code defines careless weapon handling and storage as any act that shows a marked departure from the standard of care that a reasonable person would have exercised in the same circumstances. This includes handling a weapon in a careless, reckless, or negligent manner or storing a weapon in a way that is unsafe or poses a risk to others.

Examples of Careless Weapon Handling and Storage Offences

There are a variety of actions that can be considered careless weapon handling and storage offences. Some examples include:

• Failing to properly secure a weapon, such as leaving a firearm unsecured in a vehicle or in a location where it is easily accessible to unauthorized individuals.
• Handling a weapon while under the influence of drugs or alcohol.
• Discharging a weapon in a public place or in a manner that poses a risk to others.
• Failing to follow proper safety procedures when handling a weapon, such as failing to ensure that the safety is on or failing to keep the weapon pointed in a safe direction.

Penalties for Careless Weapon Handling and Storage Offences

The penalties for careless weapon handling and storage offences can vary depending on the specifics of the case and the severity of the offence. In general, however, these offences are punishable by fines, imprisonment, or both. For example, a first-time offender convicted of careless weapon handling may face a fine of up to $5,000 and a prison sentence of up to two years.

Common Defences of Careless Weapon Handling and Storage Offences

If you have been charged with a careless weapon handling and storage offence, there are a few defences that you may be able to use in your defence. Some common defences include:

• Not a marked departure: If you can show that your actions in the circumstances were reasonable you may be able to avoid conviction.
• Possession – If the Crown cannot prove that the weapon was in your possession, you may be able to argue that you were not aware of the weapon and so could not have handled or stored it unlawfully.

What to Do If You Are Charged with a Careless Weapon Handling and Storage Offence

If you have been charged with a careless weapon handling and storage offence, it is important to take the charge seriously and seek legal representation as soon as possible. An experienced lawyer like Yoav Niv can help you to understand the charges against you and advise you on the best course of action.

Some steps you can take if you are charged with a careless weapon handling and storage offence include:

• Contact a lawyer: As mentioned above, it is important to seek legal representation as soon as possible if you are charged with a careless weapon handling and storage offence. A lawyer can help you to understand the charges against you and advise you on the best course of action.
• Gather relevant information: If you have been charged with a careless weapon handling and storage offence, it is important to gather relevant information that may help your case. This can include witness statements, photographs, and other evidence that may be helpful in defending yourself against the charges.
• Stay calm and cooperate with authorities: It is essential to stay calm and cooperate with authorities if you are charged with a careless weapon handling and storage offence. While it is natural to feel anxious or overwhelmed in this situation, it is essential to remember that you have the right to remain silent and the right to a lawyer. Exercise these rights, and avoid making any statements or providing any information that could be used against you in court.

How a Lawyer Can Help You with a Careless Weapon Handling and Storage Charge

Some ways in which a lawyer can help you include:

• Advising you on the best course of action: An experienced lawyer can provide guidance on the best course of action to take, given the specific circumstances of your case. This may include negotiating with the prosecution to try and reach a plea bargain or representing you in court if the case goes to trial.
• Gathering and presenting evidence: A lawyer can help you to gather and present evidence that may be helpful in defending yourself against the charges. This can include witness statements, photographs, and other relevant information.
• Cross-examining witnesses: If the case goes to trial, a lawyer can help you to challenge the testimony of prosecution witnesses by cross-examining them in court. This can help to weaken the prosecution’s case and increase your chances of success.
• Negotiating a plea bargain: If you are interested in reaching a plea bargain with the prosecution, a lawyer can help you to negotiate a favourable agreement. This may include negotiating a reduced charge or a lighter sentence in exchange for a guilty plea.

If you have been charged with a careless weapon handling and storage offence in Calgary, it is important to seek legal representation as soon as possible. An experienced lawyer like Yoav Niv can provide valuable guidance and assistance in defending yourself against the charges and achieving the best possible outcome in your case.