Murder/Culpable Homicide Lawyer in Mississauga

In Canada there is no charge more serious than an allegation of murder or manslaughter. Homicide offences, including first-degree murder, second-degree murder and manslaughter can attract lengthy jail sentences including the potential for life in prison. Clients facing murder or manslaughter charges need to very carefully consider the lawyer they want to hire to assist them with this most serious of matters.

What is Homicide?

Homicide occurs when one person causes the death of another person. There are two types of homicide: “culpable” and “non-culpable”. The law is only concerned with culpable homicide.

Homicide is defined in the Criminal Code as follows:

Homicide

  • 222 (1) A person commits homicide when, directly or indirectly, by any means, he causes the death of a human being.

  • Kinds of homicide
    (2) Homicide is culpable or not culpable.

  • Non culpable homicide
    (3) Homicide that is not culpable is not an offence.

  • Culpable homicide
    (4) Culpable homicide is murder or manslaughter or infanticide.

(5)A person commits culpable homicide when he causes the death of a human being,

  • By means of an unlawful act.
  • By criminal negligence.
  • By causing that human being, by threats or fear of violence or by deception, to do anything that causes his death.
  • By wilfully frightening that human being, in the case of a child or sick person.

What is Murder?

Section 300 of the Code defines murder as – Except in the cases , culpable homicide is murder if:

  • If the act by which the death is caused is done with the intention of causing death.

  • If it is done with the intention of causing such bodily injury as the offender knows likely to cause death of the person to whom the harm is caused.

  • If it is done with the intention of causing such bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death.

First Degree Murder

First Degree murder is the most serious of all homicide offenses. It involves any intentional murder that is willful and premeditated with malice aforethought. Premeditation requires that the defendant planned the murder before it was committed or was “lying in wait” for the victim.

Sentence for First Degree Murder

Section 235 of the Criminal Code of Canada provides that the minimum punishment for either first degree murder or second degree murder is imprisonment for life. The parole ineligibility period for first degree murder is a minimum of 25 years.

Second Degree Murder

Second degree murder is generally defined as intentional murder that lacks premeditation, is intended to only cause bodily harm, and demonstrates an extreme indifference to human life. The exact legal definition of this crime will vary by jurisdiction.

While some provinces don’t use the term “second-degree murder,” they probably still divide the crime of murder into two different degrees and impose lower sentences for the lesser crime.

Sentence for Second Degree Murder

The parole ineligibility for second degree murder is a minimum of 10 years. The parole ineligibility period begins on the date that the accused is arrested if the accused is not granted bail.Someone found guilty faces a prison sentence of no more than 40 years.

Third Degree Murder

Third degree murder generally as a murder that does not meet the requirements of first or second degree murder and that does not occur during the commission of some other felony. Additionally, third degree murder may be classified differently than the other degrees of murder in that malice is not the required mental state. It’s important to consult the homicide statutes of a particular state in order to know the exact specifications for each degree of murder.

Someone found guilty faces a prison sentence of no more than 25 years or a fine of no more than $40,000, or both.

What are some Defences to a Murder Charge?

Self Defence: Self-defence is a full defence to murder. If a person kills another person in self-defence or in defence of another person, they are not guilty of an offence. Rather, they have committed justifiable homicide. An act taken in self-defense often is not a crime at all no punishment will be imposed. To qualify, any defensive force must be proportionate to the threat.

Provocation: The partial defence of provocation should be abolished. Relevant circumstances of the offence, including provocation, should be taken into account at sentencing as they currently are for other offences.

Intoxication: This type of defense is usually used to reduce a murder charge to a less serious charge. Intoxication can sometimes have the effect of rendering a person unable to form the required mental state for homicide. However, a voluntary intoxication has much less persuasion in court because it is assumed that the defendant should know when to stop drinking or when their intoxicated state begins to become excessive.

Acted under duress: The accused may be acquitted of the criminal act if he or she acted because of threats of death or serious injury to themselves or someone they were responsible to protect (i.e., their children). It also requires the defence prove that a normal person or as the Crown calls it, “a person of ordinary firmness” would have acted in a similar fashion under similar conditions.

Get a Legal Help

There are numerous defences that can be used with homicide criminal offences based upon the circumstances surrounding the case, evidence the Crown has, and whether your rights were violated in any manner. If you or a loved one is being charged with a homicide offence, contact Mississauga criminal defence lawyer

Our Process

Our Process

1. Planning The Case

The very first step of bringing client onboard is to have a no obligation consultation.

2. Evaluate Situation

Then comes the evaluation of the situation. And building the case background.

3. File The Case To The Court

After building the whole case, now is the time to fight it in the court.

4. Gather More Information

As we fight the case, we keep on collecting more information to support the case.

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Far far away, behind the word mountains, far from the countries Vokalia and Consonantia, there.

Planning The Case

Evaluate Situation

File The Case To The Court

Gather More Information

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