Murder & Manslaughter Defence Lawyers Toronto
January 2023
Murder or homicide charges are serious matter in Canada that should not be taken lightly. If you are ever faced with such charges, it is important to have a criminal lawyer who can help you defend yourself against them.
This blog will provide information on homicide charges and how to best defend against them so that you can make the best possible decision when choosing your legal defence and strategy.
What is a Homicide?
Homicide is the term used to describe when one person takes the life of another. It can range from first-degree murder all the way down to manslaughter, depending on the circumstances and severity of the crime.
What are Homicide Charges in Canada?
Homicide charges in Canada are based on the Criminal Code of Canada. Depending on the circumstances, homicide charges can range from 1st-degree murder to manslaughter. Each homicide charge carries its own specific punishment and set of legal requirements that must be met for a conviction.
For first-degree murder, a conviction carries with it an automatic life sentence. For second or third-degree murder, the sentence can range from 10 years to 25 years imprisonment. For manslaughter, the sentence is usually between 4- and 8-years imprisonment
What is First Degree Murder?
First-degree murder is the most serious homicide charge in Canada. It carries with it an automatic life sentence and requires proof that the accused had planned and intended to commit the homicide.
The sentences for homicide in Canada vary depending on the severity of the crime. For first-degree murder, a conviction carries with it an automatic life sentence. For second or third-degree murder, the sentence can range from 10 years to 25 years imprisonment. For manslaughter, the sentence is usually between 4- and 8-years imprisonment.
What is Manslaughter?
Manslaughter is a homicide charge that does not involve premeditation or foresight. It carries with it less severe sentences than murder and requires proof of intent.
The sentences for manslaughter in Canada vary depending on the severity of the crime. For involuntary manslaughter, the sentence is usually between 4 and 8 years imprisonment. For voluntary manslaughter, the sentence can be up to life in prison.
How to Defend Against Murder or Homicide Charges
When facing murder or homicide charges, it is important to have a criminal lawyer who can help you defend yourself against them. A lawyer will be able to review your case and advise you on how to best prepare for court proceedings. Your lawyer will also help build a strong defence strategy that takes into account all the evidence and mitigating factors in order to give you the best chance at acquittal or reduced charges. It is also important to remember that homicide charges are serious and can carry heavy penalties if convicted.
There are a number of defences that can be used to defend against a murder or homicide charge. Some of the most common include:
- self-defence
- defence of others
- provocation
- diminished responsibility
What to Expect During The Trial Process
When facing murder or homicide charges, it is important to be aware of what to expect during the trial process. There are a number of stages that will take place over the course of a trial, which can be lengthy and complex.
The first stage is known as the preliminary inquiry. This is where the court will determine if there is enough evidence to proceed to trial. If the judge determines that there is enough evidence, the trial will move to the next stage.
The second stage is known as the trial itself. This is where both the prosecution and defence present their case before a jury or judge. The defence will have an opportunity to cross-examine witnesses and present evidence on behalf of the accused. The trial can last several months, depending on the complexity of the case.
The final stage of a murder or homicide trial is known as the sentencing hearing. This is where the court will decide on a punishment for the accused if they are found guilty. The sentence for homicide in Canada can range from life imprisonment to a few years in jail.
What a Criminal Lawyer Can Do For You
Having a criminal lawyer by your side when facing murder or homicide charges in Toronto is essential. A lawyer will be able to provide you with tailored legal advice and representation throughout the entire process. Furthermore, your lawyer will be able to help build a strong defence and negotiate on your behalf in order to get the best outcome possible.
Murder and homicide charges in Canada are serious matters and should not be taken lightly. If you are facing homicide charges, it is important to have a criminal lawyer who can help you build a strong defence and negotiate on your behalf. The trial process can be long and strenuous, but with the right representation, you have a better chance of achieving a positive outcome.
Author: Titan LLP
NOTE: THIS IS NOT LEGAL ADVICE AND THIS SHOULD ONLY BE RELIED ON FOR INFORMATIONAL PURPOSES. THIS BLOG IS NO SUBSTITUTE FOR LEGAL ADVICE BY AN ACTUAL LAWYER. THE LAW ALSO DYNAMIC IS CHANGES OFTEN, AND AS A RESULT, THE INFORMATION CONTAINED HEREIN MAY BE OUTDATED AFTER TIME. THIS BLOG MUST NOT BE RELIED ON AS A SUBSTITUTE FOR ACTUAL LEGAL RESEARCH.