Murder Defence Lawyer in Winnipeg
Understanding Murder Charges
Murder is a form of homicide, which is the act of causing the death of another person, either directly or indirectly. There are two types of murder charges: first degree murder and second degree murder. First degree murder is considered “planned and deliberate” or occurs under specific circumstances outlined in the Criminal Code, such as when the victim is a peace officer or the murder is committed during the commission of certain offenses like sexual assault or unlawful confinement. Second degree murder encompasses intentional murders that do not meet the criteria for first degree murder. In certain cases, murder charges can be reduced to manslaughter due to reasons such as provocation or intoxication.
Sentencing for Murder
Adults convicted of first degree murder face a life sentence without eligibility for parole for 25 years, while adults convicted of second degree murder face a life sentence without eligibility for parole for 10 years. Youth sentences for murder are generally shorter than those for adults. The maximum youth sentence for first degree murder is 10 years, with 6 years in custody and 4 years of conditional supervision in the community. The maximum youth sentence for second degree murder is 7 years, with 4 years in custody and 3 years of conditional supervision in the community. However, the Crown Attorney may apply to have a youth sentenced as an adult.
Defending a Murder Charge
If you are a suspect in a murder case, it is crucial to consult with a lawyer as soon as possible. Wrongful convictions in Canada, particularly for murder cases, have been proven in the past. It is important to be aware of your rights, even if you are only a suspect. Police may use various investigatory methods, such as wiretaps, undercover operations, surveillance, search warrants, interrogation, DNA analysis, and fingerprinting, to gather evidence against a suspect.
Seeking legal counsel early in the investigation can help ensure that you do not take actions that may compromise your rights and potential defenses. If the police have violated your Charter rights during their investigation, your lawyer can make an application to have the evidence excluded. The successful exclusion of evidence can make a significant difference in the outcome of a case, potentially leading to an acquittal.
In some cases, the best outcome for a murder charge may be to have it reduced to manslaughter, which carries a lesser sentence. Achieving this goal requires a comprehensive approach to analyzing evidence, understanding the law, and negotiating with the Crown Attorney.
Trust an Experienced Murder Defence Lawyer
As a seasoned murder defence lawyer in Winnipeg, I am well-versed in the complexities of murder charges and can provide you with strong legal representation. I will thoroughly assess the evidence against you, protect your rights, and develop a strategic defense tailored to your unique case. With my expertise and dedication, I will vigorously defend your rights and work towards the best possible outcome for your murder case. Contact me for a confidential consultation today.
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