If you are facing attempted murder charges, you need a criminal defence lawyer in Calgary to look at your case as soon as possible.

When someone tries to kill someone else but the person doesn’t die, they are guilty of attempted murder. The law doesn’t say that the victim has to be hurt, it only says that the accused intended to kill them and took steps to make that happen.

Prosecutors must show that the accused planned to kill the victim, not just hurt them, and that they did something to try to make it happen. This can include shooting at someone, poisoning them, attacking them with a weapon, and more.

In Canada, attempted murder is always an indictable offence. This means it is one of the most serious types of crimes in Canada.

The punishment for trying to kill someone is serious. 

  • Life imprisonment is the maximum punishment, just like for actual murder.
  • There is a mandatory minimum sentence of four years for a first offence if a firearm was used in the attempt.
  • If the attempted murder was linked to a gang or criminal organization, the minimum sentence for a first offence goes up to five years.

Strategic Criminal Defence is a top Google-rated criminal defence firm in Calgary, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of attempted murder beat the charge.

The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a lawyer today by calling (403) 719-6410.

Key Takeaways

  • When someone tries to kill someone but fails, that is called attempted murder.
  • Prosecutors have to show that you meant to kill the person, not just hurt them.
  • This is one of the most serious crimes in Canada. It is always prosecuted as an indictable offence.
  • The longest sentence is life in prison, which is the same as for murder.
  • There is a minimum of four years in prison if a gun was used.
  • If you are linked to a gang or criminal group, the minimum sentence goes up to five years.
  • Getting bail for attempted murder can be very hard.
  • A common bail condition, if you are released, is house arrest, no weapons, no contact with the victim, and a surety.
  • With the right legal help, these charges can be successfully defended.
  • Possible defences include not wanting to kill, acting in self-defence, being wrongly identified, or having mental health problems.

How Our Lawyers Help With an Attempted Murder Charge

When you are facing these life-changing charges, a Strategic Criminal Defence lawyer can give you important protection.

  • We can give you legal advice before charges are filed on how to avoid incriminating yourself by not saying anything to the police that you don’t have to.
  • Our team collects important evidence, such as, surveillance video, witness statements, and/or medical records to show your side of the story.
  • This evidence can sometimes show that you did not have the needed intent to kill or that you clearly were acting in self-defence in the situation.
  • We can also hire experts to give witness testimony. For example, medical experts, to talk to the court about the wounds and whether or not they can show a specific intent to kill.
  • Our lawyers know how to handle the special problems that come up in attempted murder cases. Such as, how to succeed in complicated bail hearings where you have to prove why you should be released.
  • During the trial, we give you skilled representation and challenge the prosecution’s evidence, including about your intent.

Examples of Attempted Murder Charges

Here are some situations that could get you charged with attempted murder:

  • A woman finds out that her husband is cheating on her. She decides to puts rat poison in his food. Her husband stops eating when he notices that the food tastes strange and gets sick, but he gets better after getting emergency medical care. The police found proof that she looked up deadly poison doses online. This led to attempted murder charges, because her actions showed that she wanted to kill, not just hurt him.
  • A man shoots another man in the chest with a gun from close range during an argument. The victim lives because the bullet hits his cell phone. The accused is charged with attempted murder, because shooting someone in the chest shows that they wanted to kill.
  • After an argument, someone breaks into their ex-partner’s house at night and stabs them in the chest while they were sleeping. The victim is able to call 911 and lives after surgery. The attack at night on important areas of the body shows a clear intent to kill, which backs up the charges of attempted murder.

Consequences of an Attempted Murder Charge

Attempted murder is always charged as an indictable offence, which means that in Canada it is one of the most serious crimes.

Life in prison is the longest sentence available for attempted murder, which is the same as the sentence for murder.

There are mandatory minimum sentences for attempts that involve guns. 

  • If you tried to kill someone and used a gun, you will be sentenced to at least four years.
  •  If you used a restricted or illegal gun, like a handgun or sawed-off shotgun, or if the attempted murder was linked to a gang or criminal organization, the minimum sentence goes up to five years for a first offence.
  • The minimum then goes up to seven years for a second or later offence involving guns or a gang.
  • There is no minimum sentence for attempted murder that doesn’t involve guns, but courts usually give long prison terms because the crime is so serious.

Attempted Murder Charge Defences

The prosecution has to show, beyond a reasonable doubt, that the person wanted to kill someone and did something to make that happen.

The following are general defences that could apply to a number of situations: 

  • Not Wanting to Kill: To be guilty of attempted murder, you have to show that you wanted to kill someone, not just hurt them. For example, if you had clear chances to kill the person but didn’t take them. Or, if you stopped the attack on your own, this could all show that you didn’t want to kill. Your words throughout the event are important pieces of proof. If this defence succeeds, the person could be found guilty of a lesser crime.
  • Self defence: If you had a good reason to think that you or someone else was about to be seriously hurt or killed, what you did might be seen as self-defence. In Canada, you can protect yourself or others from threats, but your response must make sense in the situation. The courts look at things like whether you had other options besides using force, how serious the threat was, and whether or not weapons were used.
  • Not Criminally Responsible Mental Disorder: If someone did something while they were mentally ill and didn’t know what they were doing or that it was wrong, they are not criminally responsible. This defence doesn’t say you didn’t do it; it says you shouldn’t be punished because of your mental state. This defence needs a psychiatric evaluation and expert testimony about your mental state. Conditions that might qualify include schizophrenia, severe bipolar disorder, or psychosis. If you win, you won’t be found guilty of a crime because of a mental illness (NCRMD). Instead of going to jail, a Review Board would take care of you and decide what kind of treatment you need, usually in a safe psychiatric facility.

Attempted Murder Charge Investigation

The officers guard the crime scene to keep evidence like weapons, blood spatter, fingerprints, and DNA samples. These can all help figure out what happened.

  • Investigators will look for proof that the suspect wanted to kill someone, not just hurt them. This is because proving intent to kill is important for potential attempted murder charges.
  • Officers look for signs that someone is planning to kill someone. This can include looking online for ways to kill, buying weapons, sending threatening messages, or telling people that they want to kill the victim.
  • Police look at how exactly the attack happened. Some details, like stabbing someone multiple times, strangling them, or shooting them at close range in the direction of their important organs, make it very likely that the attacker wanted to kill them and was trying to do so.
  • They also look at the suspect and victim’s past relationships. They will look  to see if there were any threats, restraining orders, or domestic violence that could show why they did it.

Bail Conditions for Attempted Murder Charges

If you’re accused of trying to kill someone, it can be very hard to get out on bail, but it’s not impossible. Most charges require the prosecutor to show why you should stay in jail. However, attempted murder makes a “reverse onus”. This means that you and your Strategic Criminal Defence lawyer need to show the court why you should be released while you wait for your trial.

If bail is granted, the rules will be as strict as they can be. 

  • You will almost certainly be put under house arrest, which means you have to stay at your approved residence 24 hours a day, with only a few exceptions for medical appointments, court appearances, and lawyer meetings. Most of the time, you need to get permission ahead of time for these exceptions, and your bail supervisor might need to go with you.
  • You won’t be able to talk to the alleged victim, their family, or any witnesses in the case. This includes, talking to someone directly, or indirectly by phone, text, social media, or asking someone to pass on a message from you.
  • The court will ask for sureties, which are people who agree to watch over you and lose money if you break your terms.
  • You won’t be able to have any weapons or anything else that could be used as a weapon. You must give up any permits for guns or weapons right away.
  • You may also have to stop drinking and using drugs, take random tests, or go through treatment programs.
  • The court will probably put geographic limits on you that keep you from being too close to places the victim goes to often, like their home, work, or school.
  • You might have to wear an electronic monitoring device, like an ankle bracelet, so that the police can always know where you are.
  • You will have to check in with the police or a bail supervisor on a regular basis, sometimes as often as once a day or several times a week.
  • If the attempted murder is thought to be gang-related, you might not be able to hang out with any known gang members or criminals.
  • If you break any of these bail conditions, even a small one, you could be arrested right away and sent back to jail until your trial.
  • You could also face more criminal charges for breaking bail conditions.

For more information, visit our page on The Bail Hearing Process in Calgary.

Frequently Asked Questions

If someone tries to kill someone else but fails, that is called attempted murder. You don’t have to hurt the person to get charged; you just have to have planned to kill them and taken steps. What you meant to do is what makes attempted murder different from other violent crimes. Prosecutors would have to prove that you wanted to kill someone, not just hurt them. Some examples of this type of evidence are shooting someone in the chest, poisoning their food, or stabbing them in the neck. Even if your plan to kill someone didn’t work out or was unlikely to, you could still be charged.

The main difference between aggravated assault and attempted murder is what you wanted to do. To prove attempted murder, prosecutors must show that you really wanted to kill the person. For aggravated assault, they only need to show that you meant to hurt someone badly or didn’t care if you did. This change in mental state is very important because the punishments are very different.

Yes, you might be able to get bail if you’re charged with attempted murder, but it’s a lot harder than with other charges. When you try to kill someone, you create a “reverse onus” situation so you would have to show the court why you should be let go. To do this, you will have to prove to the court that you are not a threat to the public, that you will not bother witnesses, and that you will show up for your court dates. To improve your chances of getting released on bail, you’ll need a thorough release plan and sureties. Having no criminal record, strong community connections, employment, and a release plan are all things that can help.