Attempted murder represents one of the most severe criminal charges in Canada, carrying life-altering consequences for those convicted. This offence involves taking deliberate steps to kill another person, regardless of whether the attempt succeeds. Given the gravity of these allegations, understanding the legal framework, potential penalties, and defence strategies is critical.

If you or a loved one is facing an attempted murder charge, immediate legal intervention is vital. Contact an experienced criminal defence lawyer at (855) 585-1777 for a confidential, no-cost consultation to discuss your case and legal options.

Attempted Murder: Legal Definition

Pursuant to Section 239(1) of the Criminal Code, 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.

Attempted murder charges can mean life in prison. Don't face this alone—call (855) 585-1777 now for a free consultation with a top criminal defence lawyer.

Essential Elements for Conviction

To prove attempted murder, prosecutors must make the following details clear beyond a reasonable doubt:

  • The accused’s identity as the perpetrator.
  • The time, place, and circumstances of the alleged offence.
  • Overt acts demonstrating an effort to kill (e.g., stabbing, strangulation, shooting).
  • Subjective intent to kill (not merely to injure or threaten).

Penalties and Sentencing for Attempted Murder

Attempted murder is always prosecuted as an indictable offence, with a maximum penalty of life imprisonment. Minimum sentences vary based on aggravating factors:

Circumstances Minimum Penalty Maximum Penalty
Standard attempted murder (no firearm) None Life imprisonment
Firearm used 4 years Life imprisonment
Restricted/prohibited firearm OR criminal organization involvement 5 years (first offence) / 7 years (subsequent) Life imprisonment

Aggravating Factors

Judges impose harsher penalties when the offence involves:

  • Use of firearms, particularly restricted or prohibited weapons.
  • Premeditation or planning.
  • Targeting vulnerable individuals (e.g., intimate partners, children).
  • Gang activity or organized crime connections.
  • Endangering the public (e.g., drive-by shootings, explosive devices).

Canadian courts treat attempted murder with the same severity as murder itself, as the offender’s culpability is identical—only chance determines whether the victim survives.

Serious charges demand serious defence. If you're facing attempted murder allegations, call (855) 585-1777 immediately for expert legal help.

Indictable Dispositions Available

  • Imprisonment
  • Imprisonment + Probation 
  • Imprisonment + Fine 

Possible Defence Strategies for Attempted Murder Charges

Every case demands a tailored defence approach. Common arguments include:

  • Absence of Intent to Kill: The prosecution must prove the accused specifically intended to cause death. If the evidence suggests recklessness or an intent to harm rather than kill, the charges may be reduced to aggravated assault.
  • Actions Did Not Constitute an Attempt: Mere preparation (e.g., purchasing a weapon) is insufficient for conviction. The accused must have taken direct steps toward committing murder (e.g., aiming a gun, pulling a trigger).
  • Mistaken Identity or Alibi: Demonstrating that the accused was not present during the incident or was misidentified can lead to dismissal of charges.
  • Mental Incapacity (NCRMD): If the accused was unable to comprehend their actions due to a mental disorder, they may be found Not Criminally Responsible on Account of Mental Disorder (NCRMD).
  • Justified Use of Force (Self-Defence): Actions taken to protect oneself or others from imminent harm may provide a legal justification under Criminal Code defences.

Attempted murder cases involve complex legal and evidentiary challenges. A skilled defence lawyer can scrutinize the prosecution’s evidence for weaknesses, negotiate plea bargains to lesser charges where appropriate, advocate for reduced sentences or alternative dispositions, and protect your constitutional rights throughout the process.

Similar Offences:

Don’t Face Your Attempted Murder Charge Alone

An experienced criminal defence lawyer is vital when dealing with attempted murder charges. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.

Get a Free Legal Consultation With a Criminal Lawyer

Do not hesitate to contact us if you are facing attempted murder charges. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.

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