Ines Gavran
Toronto Murder Criminal Defence Lawyer
A murder charge is the most serious criminal offence under the Criminal Code and the most devastating to a person’s liberty. Retain Ines Gavran, a skillful criminal defence lawyer who will work tirelessly and relentlessly, to defend you against a murder charge
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Criminal Defence Lawyer defends murder charges – Toronto, Brampton, Mississauga, North York
Murder is considered to be the most serious criminal charge in Canada. Being found guilty of murder is an automatic life sentence in prison, the most severe criminal penalty in allowed by Canadian law. Murder charges often attract a lot of attention from media and are highly publicized across the nation. Police will also spend significant time and resources investigating a murder and gathering relevant evidence. A murder case can take years to be resolved in Courts or to reach trial. Given the complexity and the seriousness of the charge, having a strategic and detail-oriented criminal defence lawyer who will work tirelessly and relentlessly on your murder case is of uttermost importance to the outcome of your case. Call Gavran Criminal Defence at (647) 624-6324 to consult with Ms. Gavran.
Defence Lawyer
Murder Defence Lawyer
What is Murder?
Section 229 of the Criminal Code defines several definitions of culpable homicide. First definition of culpable homicide is a murder where the person who causes the death of a human being means to cause his death or means to cause him bodily harm that he knows is likely to cause his death and is reckless whether death ensues or not. The second definition captures situations where a person does not intend to kill someone, but their intended action is to cause severe bodily injury, knowing that those injuries could cause death of that person. Under section 231 of the Criminal Code, murder is classified as first-degree or second-degree murder. The difference is that first degree murder is planned and deliberate. For example, a person can be charged with first-degree murder if the murder is “contracted” – such as if they pay money to or counsel another person to cause the death of another. If a person causes the death of another during the commission or attempt to commit another criminal offence, such a sexual assault, hostage taking, kidnapping, criminal harassment, or for the benefit of a criminal organisation, the murder is automatically considered to be first-degree even if it is not planned and deliberate. The Supreme Court of Canada in R v Magoon (2018 SCC 14) confirmed that first and second-degree murder are related charges. Second-degree murder is an “included” offence of first-degree murder. First-degree murder contains all the same elements of the offence as the second-degree murder, but in addition requires planning or an aggravating circumstance— for instance, unlawfully confining someone.
Punishment for murder
A person found guilty of either first-degree or second-degree murder is automatically sentenced to life in prison. On a first-degree murder conviction, a person is eligible for parole after 25 years and in case of a second-degree murder, eligibility for parole is 10 years. Facing a murder charge is a highly stressful, lengthy and complex process. Having a criminal defence lawyer to assist as early as the bail hearing is essential. At the bail hearing, if an accused is charged with murder, the burden is on them to prove to the court why they should be released. If the court denies bail, the person may be in custody for years as they wait for their trial. After the bail hearing, defending the murder charge itself is legally complex and highly detail and strategy-oriented process. A trial can occur years after the incident because of extensive police investigation, voluminous disclosure, retaining and obtaining expert opinions, and interim court procedures such as preliminary inquiries and Charter applications. A murder charge must be tried before a judge and jury.
At Gavran Criminal Defence, our philosophy is that dedication, attention to detail, well prepared strategy and effective advocacy is what secures the best results.
If you or someone you know is charged with murder, call Gavran Criminal Defence immediately at (647) 624-6324 to schedule a consultation.
Call Toronto-based Criminal Defence Lawyer Ines Gavran today!
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