Attempted murder is a serious crime that can result in life imprisonment.
Depending on the facts of your case, you could face up to 20 years in jail or a life sentence for a conviction. Under 718.2 of the Criminal Code, it can also impose sentencing enhancements if your act of attempted murder was committed under certain circumstances; for example, using a deadly weapon on an elderly person or causing serious bodily harm to someone other than the intended victim. This could add more prison time to your attempted murder sentence.
Keep reading to learn more about an attempted murder in detail. If you or someone you know is charged with attempted murder, you can learn how an attempted murder lawyer in Brampton can fight these charges.
Let’s get started.
How Do You Define Attempted Murder?
An attempted murder is essentially a failed attempt to commit murder. Under Section 239 of the Criminal Code of Canada, any person who attempts to commit a murder is guilty of an indictable offence. Here, the accused must have committed at least one of a series of acts intended to result in the death of another person.
Just like in first-degree murder, in attempted murder, the Crown must prove there was a specific intention to murder. Or, they must prove that you attempted to cause bodily harm that was likely to result in death and that you intended to do so.
Firing a loaded gun into a crowd of people can be considered an example of attempted murder. Although you were not aiming at a specific person, depending on the circumstances, pointing a firearm at someone could be enough to charge you with attempted murder.
It can be challenging for the Crown to prove that someone intended to kill another person. But the Crown can depend on different types of evidence to prove at trial that you had the required intention. For example:
- If you have made any statements to any witness or authority about your intention.
- If your actions were sufficient to demonstrate that you intended to cause death.
What Are the Penalties for Attempted Murder Charges in Brampton?
Since attempted murder is an indictable offence, expect the Crown and Court to take the case extremely seriously – and the punishments will reflect that.
If you are found guilty of attempted murder, you will face harsh penalties. The maximum punishment is life imprisonment.
The Code’s prescribed mandatory minimum sentences are as follows:
In the case of using a prohibited or restricted firearm to commit the crime:
- Minimum sentence of 5 years in prison for a first offence
- Minimum sentence of 7 years in prison for a second or subsequent offence
In the case of committing the offence for or with a criminal organization and using any type of firearm:
- First offence: 5 years minimum incarceration
- Second or subsequent offence: 7 years minimum incarceration.
If the offence is committed with any other type of firearm, a minimum sentence of four years in prison is required.
What Are the Best Defences to Attempted Murder Charges in Brampton?
If you are charged with attempted murder, the most suitable defence will depend on the facts of your case. In attempted murder cases, our criminal lawyer in Brampton has extensive expertise in evaluating the strengths of viable defences and presenting the best one at trial. Even if you think you’ll be found guilty, it is crucial to get a legal opinion about any potential defence you have. In general, the best defences are:
Purpose to Kill
To secure a conviction for attempted murder, the Crown must establish the accused’s explicit intent to kill. In contrast to a murder prosecution, it is insufficient to prove that the accused caused bodily harm that was careless or was likely to result in the death of another person.
Factual Innocence
This is one of the most effective defences. That’s because it supports the fact that you were not present when the murder was attempted, as well as other fundamental elements such as your identity. For example, if the incident was not recorded on surveillance footage, or if it was of poor quality, you can raise the defence of identity. To strengthen your defence, your lawyer will gather corroborating evidence, such as an alibi for where you were at the time of the offence.
Mere Preparation
If your ‘actions’ did not cross the threshold from ‘preparation’ to ‘attempt’, they can be used as a defence to challenge the charges.
Violation of Constitutional Rights
As per the Canadian Charter of Rights and Freedoms, if police fail to uphold your rights, it could aid in your defence.
Self-Defence
In the case of attempted murder, self-defence is also a legal defence. Under Section 34(1) of the criminal code, a person is not guilty of an offence if:
- They have reasonable grounds to believe that force is being used against them or another person, or that a threat of force is being made against them or another person.
- The offender committed the offence in order to defend or protect themselves or another person from the use or threat of force.
- The act is reasonable in the circumstances.
Talk to a Criminal Lawyer in Brampton
If you are facing an attempted murder charge, it has the potential to ruin your life, regardless of whether you are convicted. That’s why it is essential to contact an experienced attempted murder lawyer in Brampton who can give you adequate legal advice. If you are fighting attempted murder charges, get in touch with Saini Law. We will gather all available documents and evidence to help contradict the allegations against you and to support your defence.