Homicide is one of the most serious charges you can face in Canada. Homicide charges carry life-changing penalties and normally involve complex legal proceedings. If you or a loved one are facing a homicide charge, having experienced legal representation by your side is extremely important.
The skilled homicide lawyers at Stastny Law in Toronto are committed to providing thorough, compassionate, and strategic legal defences to navigate challenging cases. Our team is highly experienced and has defended a number of individuals charged with first and second-degree murder. If you’re facing a homicide charge, schedule a consultation with our criminal lawyers today. You can contact us at 416-303-5164 or email our office at info@stastnylaw.com.
What is Homicide?
Homicide refers to the act of taking another person’s life. Under the Canadian Criminal Code, homicide charges encompass a variety of crimes. Whether intentional or unintentional, any act that results in the loss of life can lead to a homicide charge
In Ontario, homicide is classified into several types. Each carries a distinct legal definition and associated penalties. The most common types of homicide people are charged with include:
First-Degree Murder
First-degree murder is the most severe homicide charge you can face and refers to premeditated, intentional killing. A first-degree murder is designated if there was planning involved in the act, an intent to kill, or if the act occurred during another serious crime, like sexual assault or kidnapping.
When found guilty of first-degree murder in Ontario, most people convicted are given a mandatory life sentence with no possibility of parole for at least 25 years.
Second-Degree Murder
Second-degree murder is an intentional act of killing that lacks the element of premeditation. Unlike first-degree murder, second-degree murder is often a spontaneous act rather than a planned one. When differentiating between first and second-degree murder, cases often hinge on proving intent and deliberation.
A second-degree murder conviction will also likely result in a life sentence, but parole eligibility can be available after 10 to 25 years. The number of years before you are eligible for parole will depend on the court’s discretion and the circumstances of your case.
Manslaughter
Manslaughter differs from murder charges as it does not involve any intent to kill, but still results in a loss of life. This type of charge is generally applied when death occurs due to reckless actions or in situations where there is a sudden provocation. For example, manslaughter might be found in cases where a fatality resulted from a physical altercation where the accused did not initially intend to kill the other person, like a bar fight.
Convictions and sentences for manslaughter charges can vary widely, depending on the nature of the offence and whether a weapon was involved. Penalties can range from several years to life in prison, with shorter parole eligibility periods compared to murder charges.
Criminal Negligence Causing Death
This type of charge applies when a person’s reckless or negligent actions lead to another person’s death. Unlike manslaughter, which normally involves a physical altercation or reckless behaviour, criminal negligence is found in cases where death occurs due to a disregard for others’ safety. Criminal negligence charges often result from:
- Dangerous driving or speeding
- Drunk driving or driving under the influence
- Medical or professional negligence
- Failing to provide essential care
- Improper use of a weapon or firearm
- Leaving dangerous items in reach of a child
- And more
Sentencing for criminal negligence causing death varies depending on the type of offence committed. Penalties can range from probation to lengthy prison terms, depending on the specifics of the case.
How Can Stastny Law’s Toronto Homicide Lawyers Help You?
At Stastny Law, we provide comprehensive defence strategies for our clients facing homicide charges. We understand the high stakes, which is why we fight tirelessly to defend your rights. Our approach is tailored to each unique case and will include the following key steps:
1. Case Investigation and Evidence Analysis
One of the first steps we take when you come to us is a thorough investigation into the events that led to your homicide charge. This might include analyzing evidence, witness statements, and any surveillance recordings available. Our lawyers work with expert witnesses, like forensic analysts and medical experts, to challenge or corroborate evidence while pointing out weaknesses in the prosecution’s case.
2. Building a Strong Defence Strategy
Our homicide lawyers in Toronto evaluate every angle of defence that may be available to you. By doing so, we can identify a strategy that will serve your best interests. Some common defences we have employed for our clients accused of homicide in the past include:
- Self-Defence: If you acted to protect yourself or others from imminent harm, we can argue that the act you committed was in self-defence. This can help mitigate or dismiss the charges against you.
- Lack of Intent: For charges that involve intent, like murder charges, we may argue that there was no premeditation or specific intent to kill. In these cases, it may be possible to reduce the charge to manslaughter instead of murder.
- Misidentification: If there is a question of the identification of the offender, we will scrutinize the evidence to demonstrate that someone else might have committed the crime. Misidentification can happen when witness statements are unreliable or police commit misconduct during their investigation.
- Provocation: In cases where emotions were running high, we may argue that you were unfairly provoked into committing the act. This defence is generally employed in manslaughter cases where a sudden act leads to unintended consequences.
3. Negotiating Reduced Charges or Alternative Sentences
Although no criminal defence lawyer is able to guarantee an outcome during a homicide case, our team will try, where possible, to negotiate reduced charges or alternative sentences for our clients. For example, we can discuss reducing a murder charge to manslaughter with the prosecution, if appropriate. In cases where the evidence strongly favours the prosecution, we focus on obtaining alternative sentencing options that might reduce the length or severity of punishment.
4. Court Representation
Our homicide lawyers are highly experienced litigators who are prepared to represent you throughout the legal process. This includes everything from pre-trial motions to hearings and trial proceedings. In court, we will present a compelling case that challenges the prosecution’s evidence while cross-examining witnesses thoroughly.
5. Post-Conviction Assistance
In cases of conviction, we continue to support our clients. We can file appeals and continue to seek sentence modifications. Our goal is to exhaust every legal avenue available to ensure our clients receive fair treatment from the criminal justice system.
Stastny Law’s homicide lawyers in Toronto bring years of experience and a deep understanding of criminal law to each case. We know that homicide charges can be life-changing. That’s why our team is dedicated to offering compassionate, results-driven support throughout the legal process, where we put our experience to work for you.
Contact Our Toronto Homicide Lawyers for a Consultation Today
If you or someone you know is dealing with a homicide charge, it’s crucial that you seek legal guidance as soon as possible. Stastny Law offers confidential consultations to discuss your case, where we provide advice and outline your potential options for defence.
Contact us today to learn how our experienced homicide lawyers in Toronto can help protect your future. Call us at 416-303-5164 or email our office at info@stastnylaw.com to arrange a meeting at a time that’s convenient for you.
