Possession of a weapon for a dangerous purpose is a criminal offence in Canada and can carry severe penalties. If you are facing a charge of possessing a weapon for a dangerous purpose in Calgary, it is important to speak with a criminal defence lawyer as soon as possible to protect your rights and defend yourself against the charge.
What is Possession of a Weapon for a Dangerous Purpose?
Under section 88 of the Criminal Code of Canada, it is a crime to possess a weapon for a dangerous purpose. This includes possessing any object that is used or intended to be used, as a weapon, whether or not it was designed or manufactured for that purpose.
For example, a person who possesses a baseball bat with the intention of using it to harm another person could be charged with possession of a weapon for a dangerous purpose. Similarly, someone who carries a knife with the intention of using it to threaten or intimidate others could be charged with this offence.
What Constitutes a “Dangerous Purpose”?
Under the law, a “dangerous purpose” means that the person possessing the weapon intends to use it to cause death or injury to another person or to threaten or intimidate another person. In other words, the possession of the weapon must be for the purpose of using it as a weapon rather than for any lawful purpose.
For example, if a person possesses a knife for the purpose of using it as a tool for their job, such as a chef who carries a knife to work, they would not be considered to be in possession of the knife for a dangerous purpose. However, if that same chef carried the knife with the intention of using it to threaten or harm another person, they could be charged with possessing a weapon for a dangerous purpose.
What are the Penalties for Possession of a Weapon for a Dangerous Purpose in Calgary?
The penalties for possessing a weapon for a dangerous purpose in Calgary can vary depending on the circumstances of the case and the individual’s criminal history. Generally, possessing a weapon for a dangerous purpose is considered a serious offence and can carry significant penalties.
Under section 88 of the Criminal Code, possession of a weapon for a dangerous purpose is punishable by up to 10 years in prison. In addition to imprisonment, a person convicted of this offence may also face a fine, a criminal record, and other consequences, such as difficulty finding employment or travelling internationally.
It is important to note that the penalties for possessing a weapon for a dangerous purpose can be enhanced if the offence is committed in the commission of another crime, such as robbery or assault. In these cases, the penalties for possessing a weapon for a dangerous purpose can be even more severe.
Defences to Possession of a Weapon for a Dangerous Purpose in Calgary
If you are facing a charge of possessing a weapon for a dangerous purpose in Calgary, several defences may be available to you, depending on the circumstances of your case. Some potential defences to this charge include:
- Lack of Intent: To be convicted of possession of a weapon for a dangerous purpose, the prosecution must prove that you possessed the weapon with the intention of using it as a weapon. If you can show that you did not possess the weapon with this intent, you may be able to defend against the charge successfully.
- Necessity: In some cases, it may be possible to argue that you possess the weapon for a lawful purpose, such as self-defence or the defence of others. In these cases, you may be able to argue that you were acting out of necessity and did not possess the weapon for a dangerous purpose.
It is important to note that these defences may not be available in all cases, and the specific defences available to you will depend on the circumstances of your case. If you are facing a charge of possessing a weapon for a dangerous purpose in Calgary, it is important to speak with a criminal defence lawyer who can evaluate your case and advise you on the best course of action.
How a Calgary Can Help if You are Facing Charges for Dangerous Purpose Possession
If you are facing charges of possessing a weapon for a dangerous purpose in Calgary, it is important to seek legal representation as soon as possible. An experienced criminal defence lawyer can help you navigate the legal system and protect your rights.
Calgary lawyer Yoav Niv is an experienced criminal defence lawyer who has successfully represented clients facing charges of possessing a weapon for a dangerous purpose and other offences. Yoav Niv has a thorough understanding of the law and is skilled at developing effective defence strategies.
If you are facing charges for possessing a weapon for a dangerous purpose in Calgary, Yoav Niv can help you by:
- Advising you on the best course of action for your case
- Negotiating with the prosecution to reduce or dismiss the charges
- Representing you in court and advocating for your rights
- Providing you with compassionate and personalized legal representation
Do not hesitate to contact Yov Niv to discuss your case and explore your legal options.
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