What is Murder? 1st degree? 2nd Degree?

Murder is one of the most serious offences under the criminal code. If the Court finds that you caused somebody’s death and you intended to cause that death, you may be liable for murder. This is also known as culpable homicide.

In Canada, Murder is categorized as 1st degree or 2nd degree. In Canada we do not refer to murder as a felony murder or 3rd degree murder.  To prove first degree murder the Crown Attorney must prove that the murder was planned and deliberate. All murder that is not first degree murder is second degree murder, unless the charge is reduced to manslaughter.

What is Manslaughter?

A murder charge may be reduced to manslaughter if the person who committed it did so in a heat of passion caused by sudden provocation or without intent to kill. In raising the defence of provocation, the Courts will look closely at the relationship between the accused person and the victim.

What is Attempted Murder?

You may be liable for attempted murder if the Crown Attorney can prove that you intended to cause a person’s death, and that you attempted to carry out that purpose. You may still be liable even if it was factually impossible to carry out the murder in the circumstances.

How much jail time am I facing?

The punishment if convicted of first or second degree murder is automatically imprisonment for life. If you are convicted of manslaughter, depending on the circumstance, you may be liable to imprisonment for life. I can help you better understand just how much jail time you could be facing if convicted.

What to do if you are charged with murder?

First, don’t talk to police, at all.  You have a right to remain silent, use it.  Second, talk to a lawyer now.  You have a right to speak to a lawyer upon detention or arrest, but if you suspect you will be charged, talk to a lawyer now.

If you are charged with Murder or Attempted Murder, I will review and dissect your case step by step and investigate every avenue of defence. Murder trials can last for months, and I can assist you every step of the way.

You may qualify for Legal Aid:  See Legal Aid Ontario Information.

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