Attempted Murder Lawyers in Calgary

Attempted murder is one of the most severe offences under the criminal code. It is when an individual intentionally attempts to end another’s life or intentionally causes bodily harm that would likely result in death.

Due to the severity of the offence, it is automatically prosecuted as an indictable offence. If the offence is committed through the use of a prohibited or restricted firearm or a firearm is used in the interest of a criminal organization, then the minimum sentence is 5 years for first offenders and 7 years for second or subsequent offenders. If any other firearm is used then the minimum sentence is 4 years imprisonment.

Attempted murder is covered under s.239(1) found in Part VIII of the Criminal Code.

Key Takeaways

• An attempted murder offence is a very severe offence and thus will automatically be prosecuted by indictment.
• The maximum sentence for an attempted murder charge is life imprisonment
• The minimum sentence if a restricted or prohibited firearm is used or a firearm is used in association with a criminal organisation is incarceration for 5 years for first-time offenders, and 7 years for subsequent offenders
• The minimum sentence for if a firearm is used in any other case is 4 years imprisonment
• Depending on the specific facts of the case and considering the seriousness of the charge there may be a presumption against granting bail
• Bail conditions may be extremely tight restrictions, including refraining from contacting the alleged victim, prohibition on using drugs, or alcohol, possessing weapons or firearms, travelling, visiting certain places, and curfew or house arrest.
• Attempted murder charges can be beaten. Contact a lawyer for assistance in determining the best strategy for you.

How can an attempted murder lawyer in Calgary help?

Hiring a criminal defence lawyer is essential and holds many advantages as navigating the criminal justice system can be intimidating. Before the application of charges, a lawyer will provide you with legal advice. A lawyer will also aid in maneuvering conversations with law enforcement to protect you against self-incrimination.

A lawyer will strengthen your case by gathering evidence, interviewing witnesses, and if needed, retaining expert witnesses so that they can better represent you at trial. The wealth of experience in navigating court processes and the criminal justice system that lawyers hold is invaluable in helping you reach the best possible outcome.

Attempted Murder Charge in the Criminal Code of Canada

Attempted murder is the incomplete or unsuccessful act of killing someone. It is criminalized under section 239 of the Criminal Code.

Examples of Attempted Murder Charges

Some examples of an attempted murder charge may include the following:

• Using a firearm to shoot someone, yet the victim survives
• Pointing a loaded firearm at someone
• Having a plan to kill someone, and then showing up at their residence
• Continuously stabbing someone, yet the victim survives
• Relentlessly beating someone or attacking someone physically, yet the victim survives
• Poisoning someone with an amount of poison is usually understood to be lethal, yet the victim survives

Consequences of an Attempted Murder Charge

Attempted Murder is an indictable offence. The maximum sentence is incarceration for life. However, the specific facts of the case can influence the length of the sentence. If a restricted or prohibited firearm is used or the attempted murder is carried out in association with a criminal organisation, then the minimum sentence is incarceration for 5 years for first-time offenders or 7 years imprisonment for repeat offenders.

If a firearm that is neither prohibited nor restricted, is used, then the minimum sentence is 4 years imprisonment. If a weapon other than a firearm is used, or no weapon is used then there is no minimum sentence.

Attempted Murder Charge Defences

There are a multitude of defences available, however, the strength in applying those defences is reliant on the details of the allegations and the evidence against you. The more commonly applicable defences are further examined below:

• Lack of Intent to Kill (Lack of Mens Rea): For a successful charge under attempted murder, the Crown must successfully prove, beyond a reasonable doubt, that the accused intended to kill. Showing that the accused caused bodily harm that could lead to death, or that they acted recklessly is not enough. However, in cases such as these where intent cannot be proven, but evidence as to the occurrence of an assault exists, then the accused may face more relevant charges such as an assault causing bodily harm.
• Self Defence: Section 34 of the Criminal Code establishes that self-defence is an applicable defence so long as the accused reasonably believes on reasonable grounds that there is a threat against them or that there is force being used against them, or if the act is committed to defend oneself and it is committed in reasonable circumstances. Various factors must be considered when considering this defence including, but not limited to; the nature of the force or threat, the extent to which the force was imminent, if there was any other available means available, whether a weapon was used or threatened to be used by either party, the size, age, gender and physical capabilities of the parties, and the nature of the proportionality of the person’s response to the use or threat of force. Essentially, for this defence to be successfully applied, it must be proven that the accused has a reasonable belief that force or threat was being used against them, that the purpose of responding to the threat was to protect oneself or others, and that the committed act was objectively reasonable for the circumstances (see: R v Cuhna, 2016 ONCA 491 (CanLII)).
• Applicable Charter Defences: The Charter of Rights and Freedoms identifies your rights and freedoms, including those before and after your arrest. If any of these rights have been violated then some or all of the evidence that the Crown is relying upon to secure a conviction may be excluded under s.24(2) of the Charter.

Attempted Murder Charge Investigation

Typically the alleged victim or a relative or witness will initiate the investigative process by reporting an attempted murder allegation to the Calgary Police Services. The police will then attend the scene and request written statements from the alleged victim as well as from any other witnesses, leading to the launching of an investigation.

The seriousness of the offences requires a thorough police investigation. This means that the police will typically interview all witnesses to the offence, they will review any video surveillance footage, seize any weapons that were allegedly used, photograph the scene and obtain medical documentation to prove the type and extent of the alleged victim’s injuries.

Once this is completed, if the police believe that you are the perpetrator they will arrest you or issue a warrant for your arrest if you are not present at the scene.

Once you are charged, the police will provide a “disclosure package” which contains all the evidence that they have collected to the Crown Prosecutor. You will have the right to access the disclosure package and to see the evidence against you. Once you have retained one of our lawyers, they will aid in obtaining the disclosure package as well as in reviewing it to assess the strengths and weaknesses of the Crown’s case, in addition to also evaluating any applicable legal defences.

It is noteworthy, that if the complainant, who has made the initial allegation of attempted murder, later withdraws it, the Crown Prosecutor still has the final decision on if charges will be pursued. Due to the serious nature of attempted murder charges it is likely that the complainant will be subpoenaed to court even if it is against their wishes.

Bail Conditions for Attempted Murder Charges

Following a bail hearing, if you are released on bail after being charged with attempted murder there will generally be a requirement of surety, cash, or no-cash deposit as well as other bail conditions. You must follow these conditions, as failure to do so can lead to further charges or revocation of your bail in addition to the forfeiture of any cash paid to secure your release.

Bail conditions can include; refraining from interacting with the alleged victim or attending the alleged victim’s house or workplace; prohibition on alcohol, drugs, possessing weapons or firearms, travelling, visiting certain places as well as house arrest or curfew. Furthermore, the Judge may impose additional conditions of residing where approved, reporting to probation, attending counselling or maintaining or seeking employment.

Frequently Asked Questions About Attempted Murder

Will an attempted murder charge show on my criminal record while the case is ongoing?

An attempted murder charge will not appear on a criminal record while the case is ongoing, however, it will show on police databases that you were charged with an offence.

Can I kill someone in self-defence?

Self-defence is an applicable defence of attempted murder, and it is a full justification for murder. However, it is only applicable in circumstances that are considered to be of “last resort” where the jury would accept that “the accused believed, on reasonable grounds, that his own safety and survival depended on killing the victim at that moment” (see: R v Cinous, 2002 SCC 29, [2002] 2 SCR 3).

Can I go to jail for attempted murder?

Attempted murder is an indictable offence, and therefore if you are found guilty then you can go to jail. The maximum sentence is incarceration for life. The minimum sentence depends on the circumstances of the case and can range from 4 years, 5 years or 7 years imprisonment.

Related Offences

• Choking Charge: The act of choking can cause brain injury or death to the victim. In relation to attempted murder, an individual may attempt to murder someone by choking them.
• Criminal Confinement: Criminal confinement is when an individual is forcibly seized or imprisoned without lawful authority. In relation to attempted murder, an individual may be seized to carry out other offences undisturbed.
• Criminal Harassment: Criminal harassment refers to behaviour that induces fear for one’s safety. Harassment may occur in addition to or before a murder attempt.
• Domestic Violence: Domestic violence encompasses a range of offences including, but not limited to, assault, threats, criminal harassment, and attempted murder.
• Kidnapping: Kidnapping is when an individual is forcibly moved from one place to another for one out of three reasons. A person may be kidnapped to murder them.
• Manslaughter: Manslaughter is causing the death of another person. Manslaughter and attempted murder can be closely related, for example, if an individual does not pass after the act is committed.