- What constitutes homicide under the law?
Homicide refers to the unlawful killing of another person. It can be classified as either murder (intentional killing) or manslaughter (unintentional killing).
- What are the different degrees of murder?
Degrees of murder vary by jurisdiction but generally include first-degree murder (premeditated and deliberate), second-degree murder (intentional but not premeditated), and sometimes third-degree murder (killing without intent, such as in cases of felony murder).
- What factors determine whether a killing is considered self-defence?
Self-defence laws vary, but generally, the force used must be reasonable and proportionate to the threat faced. The defender must reasonably believe that force is necessary to prevent imminent harm or death.
- What defences are available for homicide charges?
Defences may include self-defence, defence of others, insanity, involuntary intoxication, alibi, mistaken identity, or lack of intent.
- What are the potential penalties for homicide convictions?
Penalties vary depending on the circumstances and jurisdiction but may include imprisonment, life sentences, or even the death penalty in some jurisdictions.
Homicides Lawyer Toronto
Jeff Hershberg,
Criminal Defence Lawyer
I associate with the well-known law firm of Pinkofskys Criminal Trial and Appeal Lawyers; the largest criminal defence firm in Canada. I became a partner in 2008. In July, 2010, Pinkofskys became known as Rusonik, O’Connor, Robbins, Ross, Gorham & Angelini LLP.
I fight for the oppressed and underrepresented.
Homicide & Murder
Homicide refers to the unlawful killing of one person by another. It encompasses various degrees of severity, ranging from accidental killings to intentional acts of murder. Murder, a subset of homicide, specifically denotes the deliberate and premeditated taking of another person’s life with malicious intent. Murder charges can carry severe legal consequences, including lengthy imprisonment or even capital punishment in some jurisdictions. The investigation and prosecution of homicide and murder cases involve thorough examination of evidence, witness testimonies, and legal arguments to determine guilt or innocence. Such cases demand meticulous attention to detail and adherence to due process within the criminal justice system.
- Strategic Defense Planning
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Types of Homicides
Homicide is the taking of another person’s life, either intentionally or unintentionally. It is one of the most serious criminal offences you can be charged with by the Crown. Under no circumstance should you ever attempt to represent yourself as the laws surrounding homicide is complex and detailed with numerous variations and subcategories as listed in the Criminal Code of Canada.
There is not a specific criminal offence called homicide, rather there are several different types of offences the Crown uses to charge someone, including:
Manslaughter: The taking of one’s life without any premeditation to the fact and in cases where the Crown determines the act was not considered murder of the second degree.
Murder: Murder offences are either first degree or second degree. To be charged with first-degree murder the Crown must establish the defendant fully intended to kill the victim and had preplanned the act. To be charged with second degree murder, the Crown has to prove the defendant was fully aware their actions would result in the death of the victim.
Attempted Murder: An attempt to unsuccessfully take another’s life where the defendant had full intentions of carrying out the act, whether it was unplanned or previously planned, and the victim does not die as the result of the defendant’s actions.
Accessory to Murder or Manslaughter: Being an accessory, either during or after the commission of a murder or manslaughter is brought against someone, who has knowledge another intends to carry out such an act, and assists them in such a manner as to hamper the efforts of law enforcement and the Crown to carry out justice.
Crown has the right to file other criminal charges
Keep in mind these are only basic definitions and there are other variations. In addition, the Crown has the right to file other criminal charges against a person along with homicide charges if the attempted murder or actual death occurred during the commission of another crime, such as assault, robbery, theft, sexual assault, weapons and firearms offences, drug offences, drinking and driving offences, and domestic assault. This is why it is best to consult with an experienced Toronto criminal defence lawyer.
The penalty for being found guilty of either first or second degree murder is life imprisonment. With other homicide offences the court uses specific guidelines to determine the appropriate penalty and in most cases, all include varying lengths of imprisonment.
There are numerous defences that can be used with homicide criminal offences based upon the circumstances surrounding the case, evidence the Crown has, and whether your rights were violated in any manner. If you or a loved one is being charged with a homicide offence, contact Toronto criminal defence lawyer, Jeff Hershberg, at (416) 428-7360 now for a free consultation to discuss your case.
Homicide & Murder Offences FAQ
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