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Firearms & Weapons

Weapons Offences

Our lawyers are skilled at navigating the complex area of firearms offences in criminal law and determining the best defence for your specific case.

Weapons Offences include charges relating to the illegal use or possession of items listed as a weapon. The unlawful use of a weapon can carry severe penalties under the Canadian Criminal Code. This can potentially include mandatory minimum jail sentences or a permanent criminal record.

Illegal possession of a firearm or related offences such as pointing of a firearm may result in a jail sentence. It is critical that you speak with one of our experienced lawyers to guarantee your interests are represented.

This area of law is complex. The lawyers at Roulston Urquhart Criminal Defence possess the necessary experience and understanding of the Firearms Act to submit detailed Charter applications. We are well versed in the different defences available to this type of charge and will determine the best argument for your case.

We will work diligently to achieve the best possible outcome for you.

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Questions

I have been charged with assault with a weapon – what does that mean?

Assault with a weapon is similar to common assault. The crucial difference is the assault allegedly happened while you were carrying, using, threatening or imitating the use of a weapon. You may find more information on our Assault & Uttering Threats page.

What counts as a weapon?

A weapon can be any object that is used or intended to cause death or injury to another person. This may include a knife, hammer or even a pencil.

You may still be charged under assault with a weapon even if the complainant did not receive any injuries. The act of threatening a person with a weapon is still considered to be assault with a weapon.

What is the penalty for assault with a weapon?

Assault with a weapon is a more serious offence than simple assault. Your lawyer at Roulston Urquhart Criminal Defence will thoroughly explain your options and best strategy to avoid a criminal record.

  1. Charges withdrawn with no criminal record
  2. A peace bond, where charges are withdrawn with no criminal record if the assigned conditions are followed for a specific period of time
  3. An absolute or conditional discharge, after a period of probation which results in no criminal record
  4. Probation with a criminal record
  5. Conditional sentence order (also known as house arrest)
  6. A jail sentence

If you already have a criminal record and have received the further charge of assault with a weapon, you may face more serious sentencing from the court. Your lawyer will be able to review your previous convictions and thoroughly prepare a case that accounts for your past and present situation. We will answer any questions that you have and diligently advocate for your best interests every step of the way.

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Relevant Cases

Our past cases prove the practical and effective results in successfully defending and negotiating criminal charges. We will provide you with a step-by-step plan to defend your charges and ideally resolve before trial. Our criminal defence lawyer’s goal is to protect your criminal record and your freedom.

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R v W.L. [Calgary Provincial Court]

Offence: Assault with a Weapon

Result: Mental Health Diversion


Our client was charged with assault by way of intimidating another with a weapon and was potentially up against years of incarceration. Tonii Roulston identified numerous factors that illustrated the vulnerability of our client at the time of the reported incident. Tonii Roulston was successful in negotiating a diversion of counselling as opposed to our client’s case being prosecuted and prevented our client from establishing a criminal record.

R v G.P. [Pincher Creek Provincial Court]

Offence: Careless use of a Firearm, Domestic Assault, Possession of a Weapon for Dangerous Purpose and Multiple Breach Charges of Failing to Appear.

Result: Conditional Discharge


Our client was charged with numerous offences that could have resulted in an extensive serving sentence. In an effort to mitigate the seriousness of the charges, Tonii Roulston evaluated the personal challenges that our client was experiencing and took a firm position that there was an additional and more effective sentencing option that would better suit the interests of our client. Tonii Roulston was successful in negotiating a conditional sentence that prevented our client from being convicted of these charges.

R v S.W. and W.R. [Pincher Creek Provincial Court]

Offence: Unauthorized Possession of Firearm and Possession of Property Obtained by Crime (x2)

Result: Charges Withdrawn


The clients were co-accused on the same matter. Both clients were charged with unauthorized possession of a firearm and two counts each of possession of property obtained by crime over $5,000.00. Both clients faced a jail sentence upon conviction. Tonii Roulston reviewed the file and set the matter for trial, arguing that the client’s protected rights under the Canadian Charter of Rights and Freedoms had been violated by the arresting officers. Tonii Roulston entered negotiations with the Crown Prosecutor in defence of the clients and convinced the Crown to withdraw all charges.

R v K.N. [Alberta Court of Appeal]

Offence: Found guilty at trial of arson, disregard for human life, and improper storage of a firearm.

Result: The conviction was set aside and a new trial was ordered.


The client was found guilty at trial of arson, disregard for human life, and improper storage of a firearm. Robin successfully argued at the Court of Appeal that the Trial Judge erred in law when he relied on the 9-11 phone call to bolster the credibility of the Crown witness. As a result, the conviction was set aside, and a new trial was ordered.

R v K.M. [Okotoks Provincial Court]

Offence: Assault with a Weapon & Property Damage Under $5000

Result: Charges Withdrawn & No Criminal Record


The client was charged with committing assault with a weapon and damaging property not exceeding $5,000. Tonii Roulston reviewed the file and entered negotiations with the Crown Prosecutor, arguing that all charges should be withdrawn. All charges were withdrawn. The client had no convictions and no criminal record.

R v S.F. [Strathmore Provincial Court]

Careless Storage of Firearm and Possession

Result: Charges Withdrawn Alternative Measures & No Criminal Record


The client was charged with 2 counts of careless storage of a firearm, contrary to section 86 of the Criminal Code and 1 count of possession of cocaine, contrary to section 4(1) of the Controlled Drug and Substances Act. Tonii Roulston negotiated with the Crown Prosecutor and was able to have all three of the client’s charges withdrawn at the completion of community service hours. The client has no conviction and no criminal record.
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