Understanding Attempted Murder vs. Murder Charges in Canada

In the Canadian legal system, Attempted Murder is the most serious criminal charge next to a Murder charge. The most important point in an Attempted Murder case is intent. Intent is what the prosecution has to prove, and it can be proven even if no one was injured. In fact, the charge can be proven even if the plan was not yet carried out. The prosecution just has to prove that the accused intended to kill the victim and planned for that. Just because someone is injured—seriously or not--does not mean that there was intent.

If one is found guilty of Attempted Murder, there is a minimum 4-year prison term when a firearm was used, and the term is longer if the guilty party is proven to be part of a criminal organization. The term will also be longer if the guilty party has a previous history of violent crime. In general, Attempted Murder cases when the accused is found guilty almost always have longer prison terms when a firearm is involved.

Regarding a murder charge, the difference between being convicted of first-degree murder, second-degree murder, and manslaughter is, again, a point of intent. The case will turn on whether the prosecution can prove that the accused intended to kill the victim and planned ahead to do so. There is a mandatory life sentence in Canada for someone found guilty of first-degree murder.

Obviously, being charged with murder or attempted murder is very serious, and it is in your best interest to retain an experienced criminal defence lawyer without delay. An excellent defence lawyer can mean the difference between a long prison term and an acquittal.

If you find yourself charged with murder or attempted murder, contact Gagan Nahal for a free consultation in Vancouver at (604) 527-4769. Mr. Nahal’s law practice focuses on criminal defence law.

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients.

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.