The use of a firearm in the commission of an offence includes not only the actual use of a firearm but also the use of an imitation firearm during the commission or attempted commission of an indictable offence. This offence is taken very seriously due to the significant potential for harm to individuals and public safety.
If you are facing ‘Use of a firearm in commission of an offence’ charges, it is crucial to secure experienced legal representation immediately. Call (855) 585-1777 for a free consultation with a criminal lawyer.
Use of a Firearm in Commission of an Offence: Legal Definition
Under Section 85 (1) of the Criminal Code,
85 (1) Every person commits an offence who uses a firearm, whether or not the person causes or means to cause bodily harm to any person as a result of using the firearm,
(a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (discharging firearm with intent), 244.2 (discharging firearm — recklessness), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage taking), 344 (robbery) or 346 (extortion);
(b) while attempting to commit an indictable offence; or
(c) during flight after committing or attempting to commit an indictable offence.
Using imitation firearm in commission of offence
(2) Every person commits an offence who uses an imitation firearm
(a) while committing an indictable offence,
(b) while attempting to commit an indictable offence, or
(c) during flight after committing or attempting to commit an indictable offence,
whether or not the person causes or means to cause bodily harm to any person as a result of using the imitation firearm.
Similar Types of Offences Involving Firearms
- Careless Use of a Firearm (s.86): Handling or storing a firearm or ammunition carelessly or without regard for the safety of others can result in up to 2 years in prison for a first offence if tried as an indictable offence. Repeat offences carry even harsher penalties.
- Possession of Weapon for Dangerous Purpose (s.88): Possessing a weapon or imitation weapon in a manner that endangers public peace or safety can lead to a prison sentence of up to 10 years if tried as an indictable offence.
- Unauthorized Possession of Firearm (s.91): Possessing a firearm without the necessary licensing or registration can result in a prison term of up to 5 years for an indictable offence.
Have you been charged with using a firearm in the commission of an offence? Get expert legal representation today. Call (855) 585-1777 for a free consultation.
Penalties for Using a Firearm in Commission of an Offence
The penalties for these offences are severe, with a maximum penalty of 14 years’ imprisonment. There are also mandatory minimum sentences that vary based on prior convictions and specific aggravating factors. The minimum penalties include:
- 1 year of incarceration for first-time offenders.
- 3 years of incarceration for offenders with prior convictions under Section 85.
Aggravating Factors in Using a Firearm in Commission of an Offence
- Committing the offence while on bail.
- Committing the offence for the benefit of, at the direction of, or in association with a criminal organization.
- Use of the firearm while subject to a prohibition order.
- Offences involving violence against an intimate partner with prior convictions for similar offences.
Indictable Dispositions Available for Using a Firearm in Commission of an Offence
- Imprisonment
- Imprisonment + Probation
- Imprisonment + Fine
Are you facing charges for using a firearm in the commission of an offence? It's vital to secure knowledgeable legal support immediately. Call (855) 585-1777 for a comprehensive, no-cost consultation to protect your rights and explore your legal options.
Potential Defences for Using a Firearm in Commission of an Offence
Defending a charge of using a firearm in the commission of an offence requires a tailored legal strategy. Key defences may include:
- Lack of Intent: Demonstrating that the accused did not intend to use the firearm during the offence.
- Mistaken Identity: Proving that the accused was not the person who committed the offence.
- Invalid Search or Seizure: Challenging the admissibility of evidence obtained through unlawful search or seizure.
Successfully navigating these defences requires a sophisticated understanding of the law. It is highly advisable to consult a criminal lawyer to explore your legal options and ensure that your case is handled with expertise.
Don’t Face Your Criminal Charge Alone
An experienced criminal defence lawyer is vital when dealing with a use of a firearm in commission of an offence charge. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.
Get a Free Legal Consultation With a Criminal Lawyer
Do not hesitate to contact us if you have been accused of using a firearm in commission of an offence. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.