How to Fight Murder Charges
Murder is probably the most serious charge that a criminal defendant can face in Calgary, and a conviction can result in some of the most serious criminal penalties available. If the government has charged you with committing first or second-degree murder in Calgary, you need a strong legal defence and an experienced lawyer representing you.
The knowledgeable criminal defence lawyers at Bourdon defence have handled high-profile murder cases in the past and know what to look for when it comes to defending a murder charge. Let our experienced lawyers defend you throughout your case today.
Elements of a Murder Charge
Calgary law divides murder into first and second-degree murder, with first-degree murder being the most serious. In order to be found guilty or convicted of murder, the Crown prosecutor assigned to your case must prove one or more of the following:
- That the accused intended to kill the alleged victim, and a death occurred
- That the accused intended to cause the alleged victim serious bodily injuries, and a death occurred
- That the accused acted with reckless indifference to human life, and a death occurred
In order to show that the accused committed the crime of first-degree murder, the Crown prosecutor must also be able to demonstrate certain facts, such as premeditation or deliberation. A murder committed during a sexual assault, kidnapping, or terrorist undertaking may also qualify as first-degree murder.
Potential Penalties if You Are Convicted
If you are convicted of first-degree murder, you will likely face time in jail, along with other serious penalties. In general, a first-degree murder conviction in Calgary can result in up to 25 years of incarceration. A conviction for second-degree murder can result in ten to 25 years of incarceration, and up to 25 years if the accused had a previous conviction of a murder crime.
Potential Defences to a Calgary Murder Charge
Fighting a murder charge can be difficult, as the evidence generally tends to favor the alleged victim. However, you may be able to allege one or more of the following:
- Innocence - You can assert this defence when you have actual evidence that shows that you did not commit the crime.
- Alibi - You can raise an alibi defense if you were someplace else at the time of the alleged murder.
- Mistaken identity - You can raise this defence if you believe that a witness mistakenly identified you and that someone else actually committed the crime.
- Self-defence - You may be able to raise self-defence if force was reasonably necessary in order for you to defend yourself or someone else from death or serious bodily harm.
Contact a Calgary Criminal Defence Lawyer about Your Murder Charge Today
The potential penalties for a murder conviction are too high to risk handling the case alone. At Bourdon Defence, our skilled lawyers can develop and assert a legal defence to present in court at your trial. To schedule a free consultation and case evaluation with a Calgary criminal defence lawyer, please call us today at (403) 474-4143, or contact us online.