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Are you facing charges of attempted murder? Don’t know what to do? Contact Toronto’s Law Firm, hire a lawyer and defend your case in the best possible way. If you have a criminal history and it’s your first charge, do not panic; we will guide you through the process and get you out of trouble..
The criminal act of attempted murder is clearly explained in Section 239 of the Criminal Code of Canada.
239 (1) Everyone who commits a murder or tries to commit murder, no matter how they try, is breaking the law and can be found guilty of the offence.
(a) Suppose any weapon, like a very dangerous gun, is used in a crime, or any gun is utilized for the benefit of a criminal organization or associated with it. In that case, the punishment is life in prison with a minimum sentence.
(a.1) In any other case or situation where the gun is used in a crime, the punishment will be life
imprisonment, with a minimum sentence of four years in jail.
(b) In any other case, the imprisonment is for life.
If someone has committed a crime more than once, and they have a previous history of any of the following crimes, that earlier committed offence will count as a prior offence;
If a person has committed the offence earlier and ten years have passed, it would not be considered a conviction. This does not include the time that has been spent in custody.
(3) For this specific part of the law, the only thing considered is the order in which someone committed the crime. We are not concerned about when the crime is committed; we are only concerned about the order in which the person was found guilty.
Being accused of attempted murder is a grave crime, and you can get severe charges. If you are found guilty of trying to kill someone, you could be sent to prison for life.
If you have been charged with such an offence, you must talk to your criminal lawyer immediately. They will help you in the situation and develop the best strategy in your defence.
The court has different laws for this offence from that for murder or conspiracy to murder. In such cases, the accused will decide whether they want a trial with a jury or just in front of a judge in the provincial court.
The prosecution needs to prove that the person who committed the crime, without any doubt, killed the person with a clear mind or intended to kill someone. This is part of the Presumption of Innocence we discussed earlier.
If you are attempting something, it means you are trying to do something. The criminal charges for attempted murder start after the preparation is complete and the accused is ready to perform acts to kill someone.
Sometimes, it is tough to differentiate between getting ready to do something and trying to do it. A lawyer can look at your situation or look deep into the case and make a strong defence based on the facts of your case.
You should be prepared to face significant penalties if you have committed a crime. It is a straight chargeable offence, which means that the crown and the court take it very seriously, and the punishment reflects that.
The Criminal Code of Canada outlines the maximum punishment for any attempted murder charge as imprisonment for life.
The Code also outlines mandatory minimum punishments as follows:
Committed the offence using a restricted/prohibited firearm
Committed the offence for/with a criminal organization and using any kind of firearm
Committed the offence with any other kind of firearm: 4 years’ imprisonment minimum
If you have committed the crime, it is not just the immediate punishment you will face. It can seriously affect your future, too. Finding a job might be challenging, especially in fields where you work with kids, older people, or other vulnerable groups.
Plus, if you have any criminal record, it will make your travelling hard, moving into another country is not easily possible, or even if you want to get custody of your children, it will be impossible with such charges.
If you plan to accept this type of offence, it is essential to consider your choices and consider all the consequences. Having a good lawyer can lessen the punishment you get.
