Penalty for armed with intent

The maximum penalty is 7 years imprisonment. Therefore, it is a serious offence.

Can I avoid a criminal record for armed with intent to commit an indictable offence?

A conviction is likely. In addition, there is a risk of serving a term of imprisonment, due to the serious nature of this charge. 

Most first time offenders will receive a community corrections order.

Will I go to jail for armed with intent?

It is possible to go to jail. However, it is only likely for serious examples of this offence, or for offenders with lengthy criminal records. Before sentencing you to full time jail a court will also consider imposing an intensive corrections order.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

1. Were armed with a weapon or an instrument, and
2. Without lawful excuse, and
3. Had an intention to, or was committing, an indictable offence. 

Therefore, you will be found not guilty if the prosecution is unable to prove these elements, or you can establish that you acted in self-defence, under duress or out of necessity.