If you are facing attempted murder charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
Attempted murder is one of the most serious charges in the Criminal Code. A person commits attempted murder when they try to kill another person but the victim does not die.
The law does not require that the victim be injured, only that the accused intended to cause death and took steps toward that goal.
To be convicted, the Crown must prove that an accused attempted to cause the death of another human being or attempted to cause bodily harm that was likely to result in death. A firearm being shot randomly into a crowd of people, for example, can count as intent of attempted murder.
Attempted murder is always an indictable offence in Canada, which means it is treated as one of the most serious types of crimes. The maximum penalty is life imprisonment, the same as actual murder.
Strategic Criminal Defence is a top Google-rated criminal defence firm in Toronto, 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 Toronto attempted murder lawyer today by calling (647) 986-8077.
Key Takeaways
- Attempted murder is when someone tries to kill another person but doesn’t succeed.
- It must be proven that you specifically intended to kill, not just injure the person.
- This is one of Canada’s most serious criminal charges.
- This charge is always treated as an indictable offence with the same maximum sentence as actual murder.
- The maximum sentence is life imprisonment, the same as for actual murder.
- Bail for attempted murder is extremely difficult to get.
- Typical bail conditions include house arrest, no weapons, no contact with the victim, and a substantial cash surety.
- These charges can be successfully defended with proper legal representation.
- Potential defences include lack of intent to kill, self-defence, misidentification, or mental health issues.
How can an attempted murder lawyer in Toronto help?
A Strategic Criminal Defence lawyer can provide critical protection when facing these life-altering charges.
As we start preparing your defence by examining police actions and the evidence against you, there are many strategies our lawyers can take to help defend you. Such as:
- Assembling documents, photographs, texts, etc. that contradict the allegation and support your defence;
- Gathering evidence from witnesses that support your version of events;
- Identifying mistakes in the actions of the police, such as Charter breaches;
- Uncovering administrative/systemic errors, such as “Jordan delay,” non-disclosure, lost or destroyed evidence, etc.; and
- Finding weaknesses or “holes” in the Crown’s case that may make it difficult or Impossible for them to establish the elements of the offence.
Attempted Murder Charges in the Criminal Code of Canada
According to section 239(1) of the Criminal Code:
Attempt to commit murder
Every person who attempts by any means to commit murder is guilty of an indictable offence and liable
(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
(i) in the case of a first offence, five years, and
(ii) in the case of a second or subsequent offence, seven years;
(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
(b) in any other case, to imprisonment for life.
Examples of Attempted Murder Charges
Here are some examples of what could lead to attempted murder charges in Toronto:
- Someone puts rat poison in cookies and gives them to their neighbour in an attempt to make them sick as an act of revenge over a disagreement. This action could count as attempted murder because a human is likely to die from ingesting rat poison.
- A man gets into an argument with another driver on the road following a minor accident. He shoots the man in close range but misses. The shooter is charged with attempted murder because shooting someone at close range demonstrated an intent to kill, not just injure.
- During a lengthy divorce proceeding, a woman breaks into her ex-partner’s home and stabs them while they are sleeping. The victim manages to run away into another room, which stops the attack from continuing. This type of attack, especially while sleeping, demonstrated a clear intent to kill.
Consequences of an Attempted Murder Charge
If you are convicted of attempted murder, you can expect to face significant consequences. It is a straight indictable offence, which means that the Crown and the Court take it extremely seriously, and the punishments reflect that.
The Criminal Code of Canada outlines the maximum punishment for any attempted murder charge as imprisonment for life. For an overview of how sentencing works, see our Criminal Sentencing in Toronto guide.
The Code also outlines mandatory minimum punishments as follows:
- Committed the offence using a restricted/prohibited firearm:
- First offence: 5 years’ imprisonment minimum,
- Second or subsequent offence: 7 years’ imprisonment minimum;
- Committed the offence for/with a criminal organization and using any kind of firearm:
- First offence: 5 years’ imprisonment minimum,
- Second or subsequent offence: 7 years’ imprisonment minimum;
- Committed the offence with any other kind of firearm: 4 years’ imprisonment minimum.
In addition to the immediate consequences from a conviction for attempted murder, it will also have negative consequences on your future. You will likely have trouble securing employment. Especially for jobs which require interacting with children, the elderly, or other vulnerable sectors of society.
A lifelong criminal record that results from a conviction can also hinder immigration and travel, and can cause significant child custody issues.
Attempted Murder Charge Defences
In attempted murder cases, the defences that may be available to you depend on the facts of your case.
In general, the most commonly available defences are:
- Factual Innocence: This is usually the strongest defence because the facts and the evidence do not support you being there, attempting the murder, or other basic elements of the offence. This could include:
- Identity: In some circumstances where the offence was not recorded by surveillance footage, or the footage is poor quality, you may be able to raise an identity defence. For example, authorities could have made a mistake in identifying you based on the poor quality of the footage. In order to effectively raise this defence, you may need corroborative evidence, such as an alibi to where you were at the time of the offence.
- Mere Preparation: If your actions did not cross the threshold from ‘mere preparation’ to ‘attempt,’ this will challenge an attempted murder conviction.
- Violation of Constitutional Rights: The Canadian Charter of Rights and Freedoms sets out your rights before and after your arrest. If the police fail to abide by these rights, it could aid in your defence.
The availability and strength of any defence depend entirely on the specific facts of your case. Our lawyers have significant experience assessing the availability and strengths of various potential defences in attempted murder cases, as well as presenting any and all available defences to the Court at trial.
Attempted Murder Charge Investigation
An investigation of an attempted murder in Toronto is typically started by the alleged victim (or relative or witness). They contact the local Toronto Police Service and report it. The police will attend the scene and request a written statement from the alleged victim and any other witnesses, then they will launch an investigation. Officers secure the crime scene to preserve evidence like weapons, blood spatter, fingerprints, and DNA samples that help reconstruct what happened.
Because attempted murder is a serious offence, it requires a thorough police investigation. Police will typically interview all witnesses to the offence, review surveillance videos, seize any weapons used, photograph the scene, and obtain medical documents to prove the type and extent of the alleged victim’s injuries.
Since proving the intent to kill is crucial for attempted murder charges, investigators focus on gathering evidence that shows the suspect specifically wanted to cause death, not just injury. They look for signs of planning like internet searches about killing, ownership of weapons, threatening messages, or statements to witnesses about wanting to kill the victim.
After the police have gathered their evidence, they will arrest who they believe is the perpetrator.
Bail Conditions for Attempted Murder Charges
Due to the extreme seriousness of the charge, the prosecution will almost certainly ask the Judge that you be kept in jail for the entirety of your case. If you have a prior criminal record involving violence or breaching court orders, being released from custody will be a very difficult task.
Our lawyers would make a thorough presentation to the Judge demonstrating why you are entitled to be released on bail while your case goes through the justice system. Unlike most other charges where the prosecutor must show why you should stay in jail, attempted murder creates a “reverse onus” situation. This means you and your Strategic Criminal Defence lawyer must convince the court why you should be released while waiting for trial.
If bail is granted, the conditions will be among the strictest possible. Your conditions would likely include not:
- Interacting with the alleged victim,
- Attending the alleged victim’s home or place of work,
- Leaving your house (i.e. house arrest),
- Staying out beyond a certain time (i.e. curfew),
- Breaking any laws,
- Using drugs or alcohol,
- Possessing weapons,
- Possessing firearms,
- Visiting certain places, and/or
- Travelling.
A variety of factors will be considered when deciding your exact restrictions, including:
- Your criminal history,
- Your physical and mental condition,
- Your history of drug/alcohol usage,
- The nature of the alleged attempted murder,
- The likelihood that you will flee,
- Whether you have stable employment,
- Whether you have stable living arrangements, and
- Whether you have ties to the community.
You will also need to report regularly to police or a bail supervisor, sometimes as often as daily or several times per week. Any violation of these bail conditions, even minor ones, can result in immediate arrest and return to jail until your trial, plus additional criminal charges for breaching bail conditions.
