The severity of the offence determines the criminal charges against an offender. Generally, attempted murder in Canada is considered a grave offence and thus, the conviction carries a life-altering consequence for the individual. That’s why understanding the law around it is crucial. It helps you know the implications and prepare for the defence if ever caught.
- Attempted murder
Canada’s criminal code Section 239(1) states that anyone attempting to murder someone must face substantial penalties, including a conviction because it is considered an indictable offence. Attempted murder reflects the intention of killing. Displaying dangerous behaviour or showing the intention to harm someone physically, leading to death, is not enough. The intent to kill must be established. Think of shooting a gun, ramming a car into the crowd to cause fatality, repeatedly stabbing the chest, and poisoning someone’s food, but the person survives, etc. To be precise, actual attempted murder and preparation are the critical aspects that help ascertain an offender’s legal liability. Criminal charges can be imposed when an accused takes the step to cause death to the target after doing the preparation. These nuances can make a massive difference to your case. You must choose a criminal lawyer in Brampton to defend your side.
- Punishment for attempted murder
You can face penalties based on several factors, such as the use of murder tools, first or repeated offences, and others. If guilty, you can face life imprisonment. In some cases, the sentence duration can be 4 to 7 years. Those with a previous criminal record within the same decade can be convicted for at least seven years. You can avoid this scenario with the correct legal representation. Prosecutors will try to prove you guilty by arguing you did more than planning. However, your lawyer can defend you by stating that researching murder techniques or purchasing a weapon doesn’t mean you are serious about committing the crime. Attempted murder charges are valid only when you stab someone or fire a gun at someone.
- Defence against attempted murder charges
Section 34(1) of criminal law allows an accused to claim self-defence. However, some criteria must be met. One of them is demonstrating the accused had reasonable grounds to believe there was a threat. Or, the accused acted to save himself or the other person. The action was reasonable in the given circumstances. It can be challenging for an ordinary person to know all this nitty-gritty. However, a qualified Brampton criminal defence lawyer knows what to do under unfavourable circumstances to avoid charges or at least secure bail for the time being to better prepare for the upcoming hearings.
- A plea for bail in attempted murder charges
Sections 515 and 516 describe the bail process, covering how it works and the grounds for claiming it. Bail can be denied only when there are appropriate reasons for it. A prosecutor can ensure you don’t get it. However, your criminal lawyer can present compelling evidence to release you from imprisonment.
All legal cases are complicated by nature. It’s better to consult the experts to safeguard your interest and find a way out of the charges.