Murder / Manslaughter
Murder is the most serious criminal charge in Canada. Murder is defined as the intentional and unjustified killing of another human being. There are two different types of murder charges: first degree and second degree.
First Degree Murder
This is usually a deliberate and premeditated act. A conviction for first degree murder carries a mandatory life sentence without the possibility of parole for 25 years.
Second Degree Murder
This involves an intentional killing that was not pre-planned. A conviction for second-degree murder carries a life sentence without the possibility of parole for 10 years. However, the sentencing judge has discretion to increase the parole ineligibility to up to 25 years.
Manslaughter is killing someone as a result of a criminal act, where there was no specific intention to cause death. It is considered a lesser, but included offence of first or second-degree murder. Within this, manslaughter charges can fall under one of two categories: criminal negligence or an unlawful act. Manslaughter has no minimum sentence but has a maximum sentence of life in jail.
An example of a criminal negligence charge would be when a reckless act or failure to act resulted in the death of another person.
An example of an unlawful act would be when the crime committed results in the unintentional death of another person.
The criminal defence lawyers at LZZ have extensive experience successfully defending against murder allegations. If you or someone you know has been charged with murder or manslaughter you should contact a criminal lawyer immediately to help determine the best defence. Call us at (416) 613-0416 or (416) 595-9500 or contact us online for a free consultation.