The most serious offence that can be brought against someone in this nation is murder. If a person is charged with first-degree, second-degree, or manslaughter, it will mostly depend on how much evidence there is that the murder was “planned” and “deliberately” committed.
What Constitutes Murder?
Murder is the most serious type of crime. Kisel Law murder lawyer Toronto has the knowledge, tools, and track record necessary to take on your case if you or someone you know is accused of murder.
The intentional and unlawful killing of another person is referred to as murder.
The first-degree and second-degree murder charges under the Criminal Code are described below:
First Degree Murder
Usually, these are planned out and intentional. Yet they don’t have to be, and they can also involve killings committed as part of “crimes of dominance” like sexual assault, kidnapping, holding hostages, or killing police officers. First-degree convictions result in a mandatory life sentence without the chance of release for 25 years. If a person kills many people, the prosecution may ask for consecutive sentences.
Second Degree Murder
Involves a murder that is deliberate, not premeditated, and that does not fall within the First Degree Murder definition’s definition of ‘crimes of dominance’. Although a conviction for second-degree murder carries a mandatory life sentence, the sentencing judge may grant parole eligibility as soon as 10 years into the term of the sentence.
Manslaughter
When someone is murdered as the result of criminal conduct, there is no deliberate plan to kill the victim. It is seen as a lesser crime that is nevertheless punishable as first- or second-degree. A defense of provocation or extreme intoxication may be used when manslaughter occurs due to duress or alcohol influence. However, under current law, cases of manslaughter resulting from provocation or intoxication are rarely reduced to a lower charge.
What might be used as Defenses Against Murder?
Factual Innocence: The accused will be declared free if the Crown fails to meet its burden of proving the specific offence’s basic elements beyond a reasonable doubt.
Self-defence: In some situations, such as when one needs to defend oneself or another person, one’s actions may be appropriate. In order to successfully argue self-defence, one must be able to show that the following conditions were met:
- The accused’s actions were taken with the intent to defend or protect themselves or another person
- The action taken was reasonable in the circumstance
- If the accused had reasonable grounds to believe they or others were at risk of force, this circumstance may apply
Non-Mental Illness Automatism: In exceptional cases, automatism may be used as a defence. Automatism is the study of unconscious and uncontrollable behavior. Involuntary ingestion of illegal substances, sleep difficulties, and brain trauma are a few examples of non-mental disease automatism.
Mental Disease Automatism: Even if someone is declared not guilty of a crime due to a mental illness, they are nonetheless guilty of the conduct since they lack the necessary mental purpose.
Provocation: Provocation is also partially defended. In intentional cases, a defense of intoxication or provocation may apply if the accused was highly inebriated or provoked. However, under current law, murder cases resulting from provocation or intoxication are rarely downgraded to manslaughter.
The most serious defence must be provided for the most serious crime. Kisel Law murder lawyer Toronto offers thorough, in-depth, and passionate advocacy if you are under investigation or have been charged. Call (289)-835-3465 to schedule a free consultation if you or someone you know is facing these charges.