Homicide and Murder
Committing a murder can be one of the most serious criminal offenses in Canada. There are 3 different types of homicide categories in Canada – each one will have a variation in the charges depending on seriousness of your actions.
The 3 types of homicide are:
- Manslaughter is the unintentional act of murdering another human being due to criminal negligence.
- First Degree Murder is a deliberate and planned homicide against another human being. For instance, murdering a police officer, gang related offences that lead to a murder or any other offences that may lead up to an intentional murder.
- Second Degree Murder is classified as anything other than a first degree murder or manslaughter.
First Degree Murder Penalty
A deliberate and/or planned murder of a victim is one of the most serious offences in Canada. The implications for a first degree murder, as stated by the Criminal Code, is a life sentence with parole eligibility after 25 years. In some cases with multiple murder victims, you can be looking at consecutive life sentences and may even be facing imprisonment for the rest of your life. After you have done your time you will most likely be put on parole for the remainder of your life and will restrict your freedom depending on the conditions of your parole.
Second Degree Murder Penalty
If you’re convicted of a second degree murder, the charges may include a sentence of imprisonment for up to 10-25 years with the eligibility of parole after. Respectively, the results after your release will restrict your freedom depending on the conditions of your parole.
Negligence and a minimal or zero level of intent as a result in someone’s death is manslaughter. Unlike for first and second degree murders, manslaughter implications does not include an automatic life sentence but may become an option depending on the severity of the issue at hand.
The penalty for manslaughter can range anywhere between 1 – 9 years with the eligibility of parole afterwards. Typically the main difference is based on what the accused was thinking at the time of the murder. In most cases, the accused will plea for a manslaughter conviction instead of a first and second degree murder. Depicting the difference between these three types and proving manslaughter as the type of homicide is a difficult task and requires an experienced and talented lawyer.
The Strategic Approach
Committing a first or second degree murder can include some serious implications and damage your future. Understanding the mindset of the accused will determine if the motive was unintentional or a planned murder.
If you’re convicted and accused of either first or second degree murder than one strategic approach would be to plea manslaughter and bargain towards a reduced sentence.
Proving this will be a difficult task depending on the experience and knowledge of the lawyer you have chosen.
Our Calgary Criminal Homicide Lawyers Can Help
At Shim Law, our criminal lawyer William Wister has over 25 years of experience dealing with criminal law and has the knowledge and skills to assist you in any homicide case. He has served as the Chief Crown Prosecutor and understands the mindset of how a prosecutor thinks and will be able to present to you an array of different options that may be possible for your case.
If you are accused of murder and confronted by the police, you should immediately contact William Wister to mitigate your criminal implications as soon as possible.
William Wister offers free consultations to assess your current situation and will point out your next steps for you.