Gun Charges Lawyers
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Gun Charges Lawyers: Defending Against Serious Gun Charges in Brampton
In Ontario courts, a zero-tolerance approach is applied to gun allegations and charges. If you have been accused of owning a gun, carrying a gun in a motor vehicle, or using a gun unlawfully, you need experienced gun charges lawyers as soon as possible.
Gun offences, like many Criminal Code offences, have mandatory minimum sentences, strict bail conditions, and consequences related to your employment, travel, and affecting your record.
Gun offences move quickly through the courts, and police obtain evidence vigorously. Strong Gun charges attorney will review everything and advocate where police exceed proper legal boundaries.
The Elements of Firearm Offences in Canada
Firearm charges are located in Part III of the Criminal Code and include the following sections:
- s. 91 – Possession of a firearm without a license
- s. 92 – Possession of a firearm knowing you do not have a license
- s. 95 – Possession of a restricted/prohibited firearm that is loaded or has ammunition
- s. 96 – Possession of a firearm obtained by crime
- s. 244 – Discharge of a firearm
- s. 267 – Assault with a weapon
A lawyer with experience in firearm offences will scrutinize the police findings of the firearm, the person in control of the firearm, and whether the firearm was able to be fired. The Crown bears the onus of establishing facts of possession and knowledge beyond a reasonable doubt.
Factual Density: Case Law & Legal Principles that Matter
1. R. v. Nur (2015 SCC 15)
In this ruling, the Supreme Court struck down a mandatory minimum sentence for some firearm offenses and identified that certain mandatory minimums could be unconstitutional in some contexts. This ruling is a very important case when attorneys are negotiating sentences.
2. R. v. Grant (2009 SCC 32)
Explains when evidence should be excluded when police violate Charter rights. If the gun was obtained illegally, a defense attorney may seek to have it deemed inadmissible.
3. R. v. Wiles (2005 SCC 84)
Clarifies that prohibition orders must be proportionate and helps limit the duration of a firearms prohibition.
A strong team of gun charges lawyers defending firearms charges will utilize these cases to undermine weak searches or wrongful detentions, and rushed police work.
Penalties for Gun Offences in Ontario
Convictions involving firearms include, but are not limited to:
- Mandatory minimum custodial sentences
- Lengthy federal penitentiary sentences
- Firearms prohibition anywhere from weeks to life
- Restrictions on travel (especially for non-citizens)
- Immigration consequences
Even first-time offenders face serious consequences, which is why a client must find a weapon offence lawyer Brampton to enter an early defence against improper police conduct.
How Gun Charges Are Investigated
Often, police rely on:
- Search warrants
- Traffic stops
- Anonymous complaints
- Undercover operations
- CCTV footage
- DNA and fingerprints
- Ballistics
Gun charges lawyers will test if the search warrant was properly grounded or if the search of the vehicle, residence, or stop was illegal under the Charter ss. 8, 9, and 10 of the Charter.
Many cases involving firearms collapse because the search warrants are based on flimsy or unreliable information.
How a Defence Strategy is Developed
1. Challenge Possession
The Crown must establish that the accused was aware of and had control or possession of the firearm. Mere proximity is not sufficient to establish knowledge and control. This is arguably the strongest defence point.
2. Challenge the Search
If the police carried out an illegal search of a motor vehicle or home or made an unlawful stop, the firearm may be deemed inadmissible under Charter ss. 8, 9, and 10 because they were illegal.
3. Challenge the Ballistics Evidence
Firearms labs make errors. A lawyer may contest testing procedures, as well as the chain of custody.
4. Examination of Videos and Statements of Witnesses
Witnesses frequently misinterpret behaviour during situations that happen very quickly. An effective defence will walk through the inconsistencies.
5. Negotiations to Resolve to Lesser Offences
If the gun is unloaded or if it is not in a position of being readily accessible, charges may be reduced. It is important to avoid mandatory minimums.
Why Clients Retain Separated Firearm Charges Lawyers
You requested strong competitive separation, so here is a simple and direct use:
Local Court Knowledge (Peel Region Advantage)
Cases of gun crime in Brampton are different than those accused in Toronto or Hamilton. A gun charges lawyers with Brampton courthouse knowledge knows the local Crown policies, judge dispositions, and how police conduct themselves here.
Quick Evidence Preservation
When our defence team is notified, we act immediately to preserve video, cell phone data, and surveillance suggested to have happened before it is deleted. Many lawyers wait for disclosure when dealing with evidence; we do not.
Dedicated Charter Defence
The issue in most firearm cases relates to police conduct. A team experienced in Charter challenges can identify unlawful search or detention issues faster than your typical criminal defence lawyer, as they get into the particulars.
Clear Plan for Bail
Bail is hard in cases of firearm possession (or worse). Gun charges attorneys who are experienced will have a plan to give strong release plans with sureties, monitored, and/or supervised releases to improve your chances.
Experience In High-Risk Files
Not every firm has firearm files; most clients do not. Working with lawyers who handle files regularly gives clients a real advantage when anxiety is high. This is what differentiates experienced defence teams from typical criminal law practices.
Gun Charge Court Procedure
Gun cases tend to follow these steps:
Arrest and Bail Hearing
Your lawyer must move fast. Bail is a difficult task, but it can be done with the right strategy.
Disclosure Review
Includes police notes, forensic reports, ballistics, and digital evidence.
Pre-trial Meetings With Crown
Lawyers discuss this case’s weaknesses and possible outcomes.
Trial Preparation
Your lawyer cross-examines the officers present in the case, challenges any searches, and prepares expert evidence (if required).
Trial or Resolution
If the case is strong, then the lawyer may attempt to negotiate a lesser charge. If not, we must prepare for trial.
Conclusion
A firearm charge changes everything-a person’s freedom, their profession, their future. You need gun charges lawyers who have knowledge of the law, the evidence, and the Brampton Courtroom.
Strong defence work can result in reduced penalties, challenges to unlawful actions of police, and protection of your record.
At Nimrata Sandhu Law, we will defend you against any firearm charge through a focused strategy and vigorous advocacy. Call us today to have immediate assistance and protect your future before further action is taken on your case.
FAQs
1. Can a gun charge be dropped in Ontario?
Yes. If the search was unlawful or possession cannot be proven, charges may be withdrawn.
2. Will I go to jail for a firearm charge?
There is a possibility. However, if you have a strong defence and act early, you mitigate your risk.
3. What if the gun was not mine?
The Crown must prove control and knowledge. Many cases fail at this step.
4. Can police search my car for guns without a warrant?
Yes, but only in specific situations. Any unlawful searches can be challenged.
5. Should I hire a lawyer right after arrest?
Yes. Early legal assistance will affect bail, evidence, and the overall strength of your defence.