Toronto Homicide and Attempted Murder Lawyer
In Canada, homicide is the most serious crime. Homicide can range from manslaughter to first-degree murder to second-degree murder.
Charges of manslaughter arise from an unintentional homicide caused by criminal carelessness or unlawful behaviour.
A premeditated and deliberate homicide, the murder of a police officer, or murder committed in the course of certain other crimes (such as sexual assault or forcible confinement) are all examples of first-degree murder.
Intentional homicides that are not categorized as first-degree murder, such as those that are not premeditated, are categorized as second-degree murders.
A homicide conviction might result in life in prison. Certain homicide convictions come with obligatory prison sentences that must be served in federal prisons.
If you are convicted of first-degree murder, you will face a life sentence with the possibility of parole after 25 years. If you are convicted of second-degree murder, you will be sentenced to life in prison with a minimum of 10 years before being eligible for parole. If you are convicted of first or second-degree murder, you will almost certainly be sent to a federal prison. The penalty for manslaughter varies depending on the circumstances.
If you are charged with a murder offence in Toronto, it is essential that you retain an experienced criminal lawyer at the earliest opportunity.
First Degree Murder
First degree Murders are usually premeditated and planned. They can also occur during the commission of other offences, including sexual assault, kidnapping, killing of a peace officer, or taking a hostage.
Murder is thought to be deliberate if the actions taken were planned and intended. The plot to kill does not always have to be complicated or extensive. For a murder to be classified as first-degree, there must be some type of deliberate planning at some point before the person is killed, and the deliberate plot must be carried out successfully.
First degree murder convictions carry a mandatory life sentence. After 25 years, there’s a chance you’ll be eligible for parole. If a person is convicted for comitting several murders, the prosecution might seek consecutive sentences.
Second Degree Murder
Second-degree murders are those committed with the intent to kill but not with the premeditation of first-degree murders. Murders that aren’t classed as first-degree are usually classified as second-degree. A crime is classified as a homicide if the accused intended to kill another person. As a result, second-degree murders might be thought of as a catch-all category for all forms of intentional homicides that do not come under the first-degree murder definition. Convictions for second-degree murder incur a mandatory life sentence. However, the sentencing judge can grant parole after the first ten years of the term.
Any fatality that occurred without the intent to murder is classified as manslaughter. Manslaughter is a crime with a broad definition. Any fatality that occurs as a result of another criminal conduct, criminal negligence, threatening another human and causing their death, or willfully frightening a person and causing their death is considered manslaughter. In this case, the deceased’s actions and the impact they had on the accused are potentially relevant issues that could reduce a murder charge to manslaughter. Manslaughter by criminal negligence and unlawful act of manslaughter are two common types of manslaughter.
Attempted murder is defined as an unsuccessful effort to kill with the intent to kill. The Crown must demonstrate that there was a deliberate intent to kill at the moment the accused’s actions were taken. Also known as “subjective foresight”, this intent to kill is a required element that the Crown must prove – anything less would be a breach of the defendant’s Section 7 rights under the Charter. It is not enough to simply intend to cause harm with the possibility of death as a result. It is not enough that the accused was aware that his acts were likely to result in death or that he was reckless about the consequences. Because of the stigma attached to the crime, subjective foresight of the effects of the accused’s actions is required.
Life-threatening wounds on their own are not necessarily enough to prove an intention to kill. In certain cases, there must be evidence from which the judge or jury can conclude that the accused intended something more than the immediate or natural result of the wounding act. On the other hand, wounds such as a shot to the head are enough on their own to prove that the perpetrator intended to kill. Accordingly, all the circumstances of the crime must be considered. The intent to kill is frequently established by the accused’s declarations of their intention to kill, which is why hiring a lawyer in these cases is so essential.
A Strong Legal Defence
If you are facing one or more criminal accusations, you need a criminal defence lawyer to safeguard your rights and fight for your freedom. If you’re being prosecuted, the Crown will try to tender evidence to a judge or jury that establishes that you are guilty beyond a reasonable doubt. It is the role of your defence attorney to raise a reasonable doubt.
Alex Karapancev has devoted his life to the practice of criminal law. He knows how to assess the evidence in your case and select the best course of action in court. He understands how to spot faults in the prosecutor’s case and how to point them out. He also knows how to highlight the evidence that supports your innocence. Karapancev Law can help you with your case whether you live in Toronto, Brampton, Newmarket, or anywhere else in Ontario.