Facing homicide charges is one of the most serious legal challenges a person can deal with. Not to mention, the consequences are severe and life-changing, regardless of the type of charge being served. In Toronto, having a legal representative to assist you can differentiate the course of the charges. An ordinary citizen will need help to comprehend these charges and will require you to have experienced legal support to navigate through the criminal justice system.

That is why a licensed and experienced Toronto homicide lawyer is crucial in providing the accused support to fight for their rights and help build a defence to protect them.

Understanding Homicide Charges in Canada

Homicide in Canadian law refers to causing the death of another person. However, the nature of the charge varies depending on the circumstances:

  • First-degree murder generally involves planned and deliberate killing or deaths connected to other serious crimes.
  • Second-degree murder covers intentional killings that lack premeditation.
  • Manslaughter applies when a death results from an unlawful act or negligence, but without intent to kill.

As similar as these seem, there are still distinct details to them which can require a different means of legal approach and defence strategy.

Early Stages of Defence

Once a person is charged with homicide, there are critical procedures they will need to follow, including bail hearings and preparing the available evidence. As early as this stage, the homicide defence lawyer will:

  • Carefully review all evidence provided by the prosecution
  • Assess whether any rights under the Canadian Charter of Rights and Freedoms were violated during the investigation
  • Identify any procedural errors or issues with how evidence was collected
  • Advise on how to communicate with law enforcement moving forward

Common Defence Strategies

Defence strategies for homicide cases are tailored to the individual circumstances but often include:

Challenging the evidence
Lawyers will question the prosecution’s collected evidence, scrutinise it to be inconsistent, perhaps even dictate that it was collected through improper means.

Examining intent
Since intent is a key element in murder charges, establishing that a death was accidental or lacked planning can be critical.

Claiming self-defence
The accused may reason that they retaliated as a means to defend or protect themselves from harm.

Addressing Charter violations
If evidence was obtained through rights violations—such as unlawful searches or denial of counsel—those parts of the case may be excluded.

The Importance of Local Expertise

Just like with every country, each legal system is different and may have unique qualities that only apply to it. Toronto may also have a legal system that has certain procedures or due process that must be followed in a specific way. An experienced homicide lawyer has encountered that local courts, prosecutors, and judges can be helpful in dealing with the complexities of the legal system. Since they are more familiar with the Toronto criminal justice system, this ability will help to deal with the challenges that come with dealing with a case.

Seeking Legal Support

Facing homicide charges can be worrying and terrifying if you are not familiar with what to do upon receiving the charge. Which is why it is important to reach out and have a qualified Toronto homicide lawyer that you can depend on in crucial times like this. They will be available to guide you through the process on what to do for each stage.

Do not waste the precious time that you have; seek legal counsel immediately. Contact Robb MacDonald today to discuss your case and begin building a strong defence tailored to your situation.

Call Now Button(416) 315-1505