Do you know someone facing murder charges? Are they looking for a criminal trial lawyer in Brampton? A murder occurs when a person causes the death of another, or bodily harm with the knowledge that it may result in death. It is one of the most serious crimes in the Canadian Criminal Code, with some of the most far-reaching consequences for the accused.
But the charges related to murder are not as simple as they appear. It all depends on the circumstances, the intention behind the murder, and the way the crime was executed.
As per the Criminal Code, homicides are classified as accidental, justifiable or culpable. A death is deemed a culpable homicide if there is blame to be assigned. There are also different forms of culpable homicide: first-degree murder, second-degree murder and manslaughter.
In this post, we discuss first-degree murder, focusing on its sentences and punishments, and how a criminal trial lawyer in Brampton can help.
What Is the Meaning of First-Degree Murder?
Under Section 231(2) of the Criminal Code, the main factors that qualify a culpable homicide as first-degree murder are the intent to kill, premeditation and deliberation. These crimes are committed by someone who has shown a clear intention to kill someone through planning, conspiring, or other means.
A typical example of first-degree murder is contract killing. Also, a murder is considered first-degree murder if it occurs in the commission of certain offences. These include sexual assault, sexual assault with a weapon, aggravated sexual assault or forcible confinement. Murders involving hostage-taking, criminal organizations, kidnapping or terrorism are other examples.
There are special circumstances that automatically give rise to a first-degree murder charge. These include murdering a peace officer in the course of their duties. Crimes like robbery, terrorism, kidnapping, hostage-taking and hijacking with the goal of financial gain may also fall under the category of special circumstances. Assaults on pregnant women and the killing of on-duty government officials or prison employees are automatically considered first-degree murder.
A homicide caused in the context of domestic assault is not automatically considered first-degree murder but can be if it was pre-planned and deliberate. However, being a domestic assault alone does not elevate it to the first degree.
If the offender has previously committed a crime of this nature, the charges may be viewed as more serious.
What Are the Penalties and Charges for First-Degree Murder?
The two most important factors that separate first-degree murder from second-degree murder or manslaughter are planning and deliberation; i.e. if it is arranged beforehand and deliberate, not impulsive. That is why, according to Section 235(1) of the Criminal Code, everyone who commits first-degree murder is guilty of an indictable offence and shall be sentenced to imprisonment for life, with parole eligibility after 25 years.
Even if you are granted parole, you can be remitted to custody at any time for violating it. When offenders are granted parole, they remain on parole for the rest of their lives and are subject to a set of conditions, or they run the risk of going back to prison.
Fight Your First-Degree Murder Charge with a Criminal Defence Lawyer in Brampton
First-degree murder trials can be extremely difficult to challenge due to the sensitivity of the case. That is why you should have a competent first-degree murder lawyer by your side; they make all the difference in a successful defence. So, if you or anyone you know is facing a first-degree murder charge or a murder charge with a weapon offence, contact an experienced criminal defence lawyer. They can fight for you by building the best defence.