In Canada, homicide is classified as culpable or non-culpable. Somebody accused of culpable homicide is charged with murder, which is the unlawful killing of a human with intent.
To be convicted of murder, the prosecution, or the Crown, has to prove beyond a reasonable doubt that the defendant had the intention of killing the victim.
Further, there are two types of murder under Canadian law: first-degree and second-degree. When a murder is planned or done deliberately, it is considered first-degree murder. On the other hand, an intentional homicide that does not qualify as first-degree murder is categorized as second-degree.
Have you been accused of second-degree murder? Then it is in your best interests to seek out legal advice from a second-degree murder lawyer in Brampton. They will advocate for you and ensure you are kept up to date on the progress of your case.
Keep reading to prepare yourself with key information regarding second-degree murder.
Understanding Second-Degree Murder in Canada: Key Information
Are you unsure about what constitutes second-degree murder in Canada? Take a look at this quick breakdown of this type of murder.
What is second-degree murder?
This is a deliberate killing that occurs without any intention of killing the individual. The main differences between the charges come into play during the sentencing.
If you or someone you know is facing charges of second-degree murder, it is crucial to seek the counsel of a defence lawyer in Brampton.
What are the penalties for murder charges in Canada?
When someone is convicted of second-degree murder in Canada, the sentence is life in prison. The only relevant issue is when they will be eligible for parole.
What are the defences to a second-degree murder charge?
A second-degree murder defence lawyer in Brampton can use one of several defences when defending an individual charged with second-degree murder.
The most common one is self-defence. To succeed in using the self-defence strategy, the defendant needs to establish that they were threatened with imminent danger of being the victim of a forcible crime; this includes rape and murder. In such instances, they may be excused from second-degree murder charges.
Imperfect self-defence refers to a defendant’s honest yet unreasonable belief that they were in imminent danger when the killing took place. It may potentially reduce the charges against the defendant.
Alternatively, the defendant may argue that the victim’s death was the result of an accident rather than an intended act. They may also be able to argue that they were mistakenly recognized as the actual offender.
Second-degree murder is a serious criminal offence in Canada that carries significant penalties, including imprisonment for up to 25 years and lifelong parole. However, a defendant charged with second-degree murder has several defences available, as outlined above. If you or someone you know is facing this murder charge, seek the counsel of an experienced second-degree murder lawyer in Brampton to protect your rights and build a strong defence. A skilled defence lawyer can determine which defence is best suited to your case.