Being charged with attempted murder in Canada is a serious experience, as it carries a maximum punishment of life imprisonment.
That is why it is imperative to take this charge seriously and be fully aware of its potential consequences.
To help you with this, an experienced attempted murder lawyer in Brampton has compiled a list of questions frequently asked by clients charged with this crime. Knowing these answers will ensure that you are fully informed and more able to handle your case.
If you find yourself in this situation, it is crucial to seek legal advice from an attempted murder or criminal trial lawyer in Brampton. They can help you protect your rights and navigate the complex criminal justice system, which can make a big difference to the outcome of your case.
Let’s take a look at the answers to these important questions.
Facing Attempted Murder Charges? Here Are Answers to Important Questions.
Get answers to some commonly asked questions from our experienced attempted murder lawyer in Brampton.
What is attempted murder?
According to Section 239 of the Canadian Criminal Code, any person who tries to commit murder is guilty of an indictable offence. But, to secure a conviction, the Crown must prove beyond a reasonable doubt that the accused intended to cause the death of another person or intended to cause bodily harm that would result in death.
With a conviction potentially meaning life imprisonment, you can’t afford to take chances when it comes to your legal defence. That’s why it is important to have the best possible defence lawyer Brampton has to offer on your side. They will help you navigate the legal process and defend your rights in court.
What is the sentence for attempted murder?
As mentioned, attempted murder is a serious and indictable offence in Canada. When firearms are used to commit the crime, the penalties are harsher and may lead to life imprisonment.
The mandatory sentences are:
- For first offences using a prohibited weapon, a minimum of five years in prison.
- For a second or subsequent offence, a minimum punishment of seven years in prison.
- A minimum punishment of imprisonment for four years when using a prohibited firearm.
- A minimum punishment of five years if the accused is associated with a criminal organization.
How do you defend yourself against attempted murder charges?
To be convicted of attempted murder, the prosecution must prove that the accused had the specific intent to kill the victim. Simply intending to cause bodily harm that may result in death is not enough to sustain a conviction.
It is also worth noting that the doctrine of transferred intent, which applies to murder, does not apply to attempted murder. This means that if an accused intended to kill a specific person but accidentally injured a bystander, they will not be guilty of attempted murder.
While provocation is not a defence to attempted murder, it may result in the accused having a mental state that does not meet the required intent for the offence. It is important to consult an experienced criminal defence lawyer in Brampton to understand the best defence strategy for your particular case.
Self-defence can also be a defence against attempted murder in Canada. According to Section 34 of the Criminal Code, a person is not guilty of an offence if they reasonably believe that force is being used against them or someone else, and they commit an act that constitutes an offence in order to defend themselves or others from that use or threat of force. The act committed must also be reasonable in the circumstances.
How can a lawyer help me defend myself against an attempted murder charge?
As your attempted murder lawyer in Brampton prepares your defence, they will examine the actions of the police and the evidence against you. There are a few defence strategies that could be used to help your case. These include:
- Collecting and preparing photographs, documents, messages, emails and other evidence that contradict the allegation against you and support your defence.
- Working to identify mistakes that law enforcement authorities may have made during the arrest.
- Uncovering systematic and/or administrative errors to build your defence.
- Gathering evidence from witnesses that supports your version of events.
The severity of attempted murder offences makes these cases complex, and the unique circumstances of each case can further complicate matters. Moreover, such charges can result in significant periods of incarceration, so the accused should know that they will require a vigorous defence. We hope this post has provided useful information that helps you understand how attempted murder cases work in Canada. These answers can go a long way towards helping you prepare your defence with your criminal defence lawyer in Brampton.