When our client was arrested and charged with two counts of assault with a weapon under section 267(a) of the Criminal Code, along with a related charge of uttering threats, the stakes could not have been higher. The allegations arose from a breakdown in a domestic relationship, and the client faced the real prospect of a criminal record, strict release conditions and life-changing consequences. Criminal defence lawyer Jake Shen took the case, built a careful defence, and the Crown ultimately withdrew all charges. There was no trial, no guilty plea and no conviction.
Case at a Glance
Case name: R. v. L.T. (initials fictionalized to protect client privacy)
Most serious charges: Assault with a weapon, two counts — Criminal Code, s. 267(a)
Other charge: Uttering threats
Type of case: Domestic (intimate partner) allegations
Defence lawyer: Jake Shen
Result: All charges withdrawn by the Crown — no trial, no guilty plea, no conviction
The Charges: Why Assault with a Weapon Is So Serious
Assault with a weapon under section 267(a) of the Criminal Code is one of the more serious assault offences in Canada. It is a hybrid offence, which means the Crown can choose to proceed summarily or by indictment. When prosecuted by indictment, it carries a maximum penalty of up to 10 years in prison. Importantly, the “weapon” does not have to be a knife or a gun: under Canadian law, an ordinary household object can be treated as a weapon depending on how it is alleged to have been used.
When these charges arise in a domestic setting, the consequences extend well beyond the courtroom. People charged with domestic assault in Ontario are often released on conditions that prevent them from returning home or contacting their partner, sometimes affecting their children, their employment and their living arrangements. A conviction can create a permanent criminal record and may affect travel, professional licences and, for people who are not Canadian citizens, immigration status.
How Jake Shen Built the Defence
Every criminal case turns on the evidence. From the outset, Jake Shen’s approach was methodical and focused on one goal: protecting the client’s rights and future.
- Complete review of the disclosure. Jake Shen examined every piece of the Crown’s disclosure — statements, recordings, photographs and police notes — instead of relying on the summary of the allegations.
- Testing credibility and reliability. Domestic cases often come down to one person’s account against another’s. The defence scrutinized whether the complainant’s account was consistent, whether it was supported by any independent evidence, and the context in which the complaint was made.
- Identifying gaps in the Crown’s case. Careful analysis revealed weaknesses and evidentiary gaps that raised serious questions about whether the Crown could prove the charges beyond a reasonable doubt.
- Protecting the client from harmful early decisions. Many people facing domestic charges feel pressured to accept an early resolution just to “make it go away.” Jake Shen advised the client on all available options, including the long-term implications of each, so that the client could make an informed choice.
- Principled advocacy with the Crown. Rather than accepting a resolution that would have required the client to give up something, the defence pressed for a complete withdrawal, presenting the Crown with a clear explanation of the problems in its case while preparing fully for trial.
The Result: All Charges Withdrawn
After reviewing the defence position, the Crown withdrew all charges against L.T., including both counts of assault with a weapon under s. 267(a) and the uttering threats charge. The client did not have to go through a trial, did not plead guilty to anything, and leaves the case without a conviction.
For the client, the outcome meant being able to move forward with work, family and daily life without the weight of a criminal prosecution.
What This Case Teaches About Domestic Assault Charges in Ontario
- The complainant does not “drop” the charges. In Ontario, the decision to continue or withdraw a criminal charge belongs to the Crown prosecutor, not the complainant.
- An arrest is not a conviction. Every accused person is presumed innocent. The Crown must prove every element of the offence beyond a reasonable doubt.
- Early legal advice is critical. What you say to police, and whether you follow your release conditions, can affect the outcome. Speak to a criminal defence lawyer before making any statement.
- Not every “deal” is a good deal. Programs, peace bonds and guilty pleas each carry different consequences. A lawyer can explain whether a better outcome — such as a full withdrawal — is realistically available.
- Preserve your evidence. Text messages, emails, call logs and other records can be important. Do not delete anything, and do not contact the complainant if your conditions prohibit it.
Frequently Asked Questions
What does it mean when criminal charges are withdrawn?
When the Crown withdraws charges, the prosecution ends. There is no trial, no finding of guilt and no conviction for those charges.
What is the maximum penalty for assault with a weapon under s. 267 of the Criminal Code?
When the Crown proceeds by indictment, assault with a weapon carries a maximum sentence of up to 10 years in prison. The actual outcome in any case depends on the evidence and the circumstances.
Can a household object be considered a weapon?
Yes. Under Canadian criminal law, an everyday object can be treated as a weapon depending on how it is alleged to have been used or threatened to be used.
Can my spouse or partner drop domestic assault charges in Ontario?
No. Once charges are laid, only the Crown can decide whether to continue or withdraw them. A complainant’s wishes may be considered, but they do not control the outcome.
Facing Domestic Assault or Assault with a Weapon Charges? Contact Jake Shen
If you or a family member has been charged with assault with a weapon, domestic assault, uttering threats or any other criminal offence, contact criminal defence lawyer Jake Shen for a confidential consultation.
Jake Shen — Criminal Defence Lawyer
Areas served: Greater Toronto Area — Toronto, North York, Scarborough, Markham, Richmond Hill, Vaughan, Mississauga, Brampton, Newmarket and all of York Region
Phone: 647-390-1131
Website: www.11D.ca
Privacy: To protect client confidentiality, the initials “L.T.” are fictitious, and names, dates, locations and other identifying details have been omitted or generalized. No confidential information has been disclosed.
Not legal advice: This article is for general information only and is not a legal opinion or legal advice. Reading this article or contacting Jake Shen does not create a solicitor-client (lawyer-client) relationship. Past results do not guarantee future success; every case depends on its own facts and circumstances.