Guide to 2nd Degree Murder by a Mississauga Lawyer: Penalties, Defences & Next Steps if Accused

In Canada, homicides are classified as either culpable or non-culpable. Culpable homicide refers to situations where an individual can be held legally responsible for the death of another. One of the most serious charges associated with culpable homicide is murder, which involves the unlawful killing of another person with intent. To secure a conviction for murder, the prosecution, known as the Crown, must prove beyond a reasonable doubt that the accused had the intent to kill.

Within Canadian law, murder is further divided into two categories: first-degree and second-degree. First-degree murder involves a killing that is both planned and deliberate. Second-degree murder is defined as an intentional killing that does not meet the specific criteria of first-degree murder. Understanding the legal distinctions between these two types of murder and the potential consequences is important for anyone facing such charges.

If you or a loved one has been accused of second-degree murder, it is important to seek legal advice from a qualified Mississauga 2nd-degree murder lawyer. In Brampton, Mississauga and elsewhere in Canada, having the right legal representation can make a significant difference in the outcome of a case.

This post will discuss key facts about second-degree murder in Canada, helping you better understand the charges and possible defences.

What Is Second-Degree Murder?

Second-degree murder refers to the deliberate act of killing another person, but unlike first-degree murder, it is not premeditated. While the intent to kill is present, the act is spontaneous rather than planned. Because of the lack of premeditation, second-degree murder is considered less severe than first-degree murder, although it still carries significant legal consequences.

One of the main distinctions between the two types of murder lies in the sentencing. In Canada, those convicted of second-degree murder will face life imprisonment, but the period before becoming eligible for parole varies based on the circumstances of the case.

If you or someone you know is facing second-degree murder charges, consulting with a Mississauga criminal assault lawyer immediately is important. A legal professional can assess the case and determine the best course of action.

Penalties for Second-Degree Murder in Canada

In Canada, the penalty for second-degree murder is a mandatory life sentence. However, the primary difference in sentencing for second-degree murder compared to first-degree murder is parole eligibility. Individuals convicted of first-degree murder are eligible for parole after serving 25 years. Those convicted of second-degree murder can apply for parole after serving between 10 and 25 years, depending on the specific circumstances and the court's ruling.

It’s important to understand that parole does not mean immediate freedom. Parole eligibility means that the convicted person has the opportunity to apply for parole, and their application will be considered based on factors such as rehabilitation and the risk they may pose to society. Even if granted parole, they remain under supervision for the rest of their lives.

Given the severity of the penalties associated with second-degree murder, it is vital to have an experienced lawyer to defend your case and work toward the most favourable outcome.

Defences to Second-Degree Murder Charges

Depending on the facts of the case, someone charged with second-degree murder may have several defences available. A skilled criminal law firm in Brampton serving Mississauga and the rest of the GTA can explore suitable defence strategies to protect the accused's rights. Let’s explore them.

Self-Defence: The most common defence in second-degree murder cases is self-defence. For this defence to succeed, the accused must show that they were in imminent danger of suffering bodily harm or death and that the force used was necessary to protect themselves. In cases where self-defence is proven, the charges may be dropped entirely.

Imperfect Self-Defence: In situations where the defendant had an honest but unreasonable belief that they were in looming danger, the defence may argue for ‘imperfect self-defence’. While this defence does not excuse the killing, it may result in a reduction of the charge from murder to manslaughter, which carries less severe penalties.

Accident: Another potential defence is that the death was accidental, meaning that the accused did not intend to kill the victim. If this can be proven, the accused may avoid a murder conviction, though other charges, such as manslaughter, could still apply.

Mistaken Identity: In some cases, the defence may argue that the accused has been mistakenly identified as the perpetrator. Witness misidentification can happen, particularly in chaotic situations, and if this can be established, the charges may be dropped.

Regardless of the defence strategy pursued, working closely with a knowledgeable lawyer who can navigate the complexities of Canadian criminal law is essential.

 

Second-degree murder is one of the most serious criminal offences in Canada, carrying the possibility of life imprisonment and significant restrictions on parole eligibility. However, depending on the facts of the case, various defences may be available to the accused, such as self-defence, imperfect self-defence, accident, or mistaken identity. If you are facing second-degree murder charges, do not navigate the legal system alone. Consult with an experienced Mississauga 2nd-degree murder lawyer to ensure your rights are protected and to explore the best possible defence for your case.