Attempted Murder Lawyer in Calgary
Being charged with attempted murder has dire ramifications on the accused. You will need a competent criminal lawyer Calgary at the soonest possiblilty to handle the legal process that follows and keep in touch with your loved ones while you’re held in custody.
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- A skilled team of attempted murder lawyers
- We fight tirelessly for your rights
- We are honest and transparent
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WHAT IS CONSIDERED AN ATTEMPTED MURDER?
In simple terms, attempted murder is a failed or aborted attempt to cause the death of another human being. To be convicted for attempted murder, it must be proven beyond reasonable doubt that there was a specific intent to cause the death of another or cause bodily harm that is likely to result in death. The crown must also prove that the means and direct action was taken by the accused were intended to murder another person.
To prove that the accused had the intention to commit murder, the crown may focus on:
- Statements provided by witnesses or authorities regarding the accused’s intention to take another person’s life
- Specific actions that demonstrate that the accused intended to cause a death
Since attempted murder is an indictable offence, the punishments when convicted are extremely serious. Cases that involve the use of a firearm often have more serious ramifications, such as life imprisonment. The range of sentencing may vary depending on the specifics of the case. For instance, cases that involve the use of a firearm and an association with a criminal organization attract a minimum punishment of 5 years for first offences and 7 years for second and subsequent offences.
WHAT IS THE RELEVANT PROVISION IN AN ATTEMPTED MURDER IN THE CANADIAN CRIMINAL CODE?
The Criminal Code has a provision for attempted murder that states the minimum sentencing for anyone found guilty. The punishment is more severe for second or subsequent offenders.
The Canadian Criminal Code Attempt to Murder provision is as follows:
According to Criminal Code 239 (1), anyone who attempts to commit murder will be deemed guilty of an indictable offence and liable.
(a) if the attempted murder involved a restricted firearm or prohibited firearm or any firearm was used to commit the offence, and the offence is committed on behalf of or in association with a criminal organization, the offence attracts a minimum punishment of
(i) up to five years for first offenders
(ii) seven years in the case of a second or subsequent offence
According to Section 239 of the Criminal Code of Canada (a.1), if a firearm was used to commit the attempted murder offence, the punishment would be 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.
Since every case is different, the sentencing range for attempted murder will vary considerably from case to case. There are just too many factors that come to play when determining the penalty the court will deliver.
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HOW IS AN INVESTIGATION OF ATTEMPTED MURDER CHARGES CONDUCTED IN CALGARY?
An attempted murder investigation begins when a report is made to the police by the alleged victim, a relative or witness. The police will then locate the alleged victim or any witnesses mentioned to begin their investigations. They will request the victim as well as key witnesses to provide written statements.
Calgary Police Service takes attempted murder allegations very seriously and performs thorough investigations right from the beginning.
Some of the steps that the police typically take as part of their investigations include:
- Interviewing all witnesses to the offence.
- Reviewing surveillance videos and cameras.
- Seizing any weapons that may have been used to commit the offence.
- Taking photographs of the scene.
- Obtaining medical reports that prove the severity of the alleged victim’s injuries.
The police will then arrest the accused if they have enough evidence to believe that they are the perpetrator. If the accused is not present at the scene, they will issue an arrest warrant and begin tracking them down.
In the event that someone reported to the police an attempted murder but later withdrew their statement, the prosecutor will be the one to decide whether or not to pursue the case. Depending on the severity of the charges laid against the accused, the complainant may be forced to appear in court against their wishes, what is commonly referred to as a subpoena.
The crown prosecutor will be provided with all the evidence that the police collected during their investigations in what is known as a “disclosure package”. The accused has a right to access the disclosure package to review and understand what evidence has been presented against them. These documents are critical for your lawyer to review as they will help assess the strengths and weaknesses of the allegations laid against you.
WHAT ARE THE PENALTIES FOR ATTEMPTED MURDER CHARGES IN CALGARY?
Attempted murder is one of the most serious criminal convictions one can face. If found guilty of attempted murder, you may face severe penalties, including life imprisonment. Attempted murder is considered an indictable offence under the Criminal Code. This means that the court system takes such cases extremely seriously and imposes severe punishments on those convicted.
The maximum attempted murder penalty is life imprisonment. There are also mandatory minimum punishments outlined by the Criminal Code as follows:
- If found guilty of attempted murder using a restricted/prohibited firearm, you face:
1. 5 years imprisonment minimum for first offences OR
2. 7 years imprisonment minimum for second or subsequent offences
- If found guilty of attempted murder for/with a criminal organization and using a firearm, you face:
1. 5 years imprisonment minimum for first offences OR
2. 7 years imprisonment minimum for second or subsequent offences
- You face 4 years imprisonment minimum if found guilty of attempted murder using any other kind of firearm.
Other than the immediate penalties that come from an attempted murder conviction, having a criminal record also presents challenges such as:
- A skilled team of attempted murder lawyers
- We fight tirelessly for your rights
- We are honest and transparent
It’s important to have a strong legal team by your side, even if you intend to accept responsibility for the attempted murder charges. Your lawyer will explore all options and do what it takes to greatly reduce the severity of the attempted homicide penalty that you face. Having decades of experience in similar criminal cases, we work hard to defend our clients and help them avoid the most severe consequences of a criminal conviction. We will educate you on the sentencing options and protect your rights throughout the process.
CALGARY ATTEMPTED MURDER LAWYER KNOWS HOW TO HELP
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LEGAL DEFENCES AND CONSIDERATIONS IN ATTEMPTED MURDER CHARGES
One of the first steps your attempted murder lawyer will take is to review the evidence against you and determine what legal defences may be available to you. The defences available to you will depend on the specifics of your case.
We will go over some common defences used in attempted murder cases below:
- Factual innocence: If the facts and evidence presented against you do not strongly support your presence at the scene, this could be the strongest defence for your case. For instance, if there is no surveillance footage to prove that you were present or the footage was of poor quality, this could be used by your lawyer to raise an identity defence. You may also need an alibi to show that you were at a different location at the time of the offence.
- Mere preparation: Your lawyer may also prove that your actions based on the evidence presented by the prosecutor were only a “mere preparation” and not an “attempt” to commit murder. This could help challenge the attempted murder conviction.
- Violation of your constitutional rights and freedoms: If the actions before or after the arrest failed to abide by your constitutional rights and freedoms, this could be used to challenge the conviction.
ATTEMPTED MURDER CHARGES IN CALGARY - (FAQs)
How do I get Myself out on Bail for Attempted Murder Charges in Calgary, Alberta?
To be released from custody when facing an attempted murder charge, you will require a formal bail hearing. Bail hearings are done 24 hours from the time an arrest or detention is made. The accused will be transferred to the Spyhill Services Center located on 12500 85th Street, NW, for the bail hearing.
It’s important to note that while in custody, your loved ones will not be able to contact you. The police will also not release any information to family or friends due to confidentiality laws. The only person who can contact you directly is your lawyer. The police will only pass the information to your family and friends regarding your whereabouts upon request by your lawyer.
Not communicating with loved ones can be difficult while you are in custody. This is why you need to hire a qualified attempted murder lawyer right from the beginning to manage the communication with your family and friends.
Once arrested, you have the right to secure a lawyer immediately before even responding to any of the questions asked by the police. Your lawyer will begin to work on your release on bail. He/she will contact the prosecutor who has been assigned to your case to start negotiating your release. The lawyer will review the details of your case, such as the allegations made against you, in advance to have proper arguments to present to the court on why you should be released on bail. The bail hearing can either be conducted in person or through teleconferencing.
Some of the factors that the judge will consider prior to granting bail include:
- Whether you are a flight risk (remaining in custody will secure your court attendance)
- Whether detaining is necessary to prevent you from committing new offences (protect the public from another offence)
- Whether detention is necessary to ensure justice is administered
Due to the severity of most attempted murder cases, the prosecutor often asks the judge to deny bail for the entirety of the case. It’s even more difficult to be granted bail if you have a criminal record involving violence or breaching court orders.
Where Can I Pay for Bail?
Have you been granted bail after facing attempted murder charges? If you are required to provide a cash deposit before being released, you will need to make this payment at the bail hearing office in your region.
For those who are detained in Calgary, the payment can be made at the bail hearing office in Calgary, which remains open 24 hours a day, 7 days a week. You can contact the Calgary courts center on 601 5th Street SW or call them on 403-297-4444.
Bail hearing payments in Calgary can also be made at the Calgary Remand Center 12200 85th Street NW Tel 403-695-2100. The center is only open until 8.30 pm.
The cash bail can be paid immediately after the hearing if you have adequate funds to do so. If someone is outside the province and would like to pay bail on your behalf, the only way to do this is through the CIBC. The person will be required to provide the full name and ORCA System Number of the person held in custody.
Is it Possible to Change my Release Conditions for Attempted Murder Charges in Calgary?
If you’re in custody for an attempted murder charge, you will most likely be required to provide a surety, cash, or no-cash deposit in order to be released on bail.
Even after being released on bail, anyone facing attempted murder charges is likely to face strict restrictions such as:
- No interactions with the alleged victim
- House arrest (no leaving your home)
- Curfew (you can’t stay out beyond a certain time)
- No using drugs or alcohol
- No possessing any weapons or firearms
- Restrictions from visiting certain places
- Restrictions from travelling
- You can’t attend the alleged victim’s home or place of work
Other conditions that the judge can impose after approving the bail hearing include:
- Attending rehabilitation or counselling
- Maintaining or looking for employment
- Reporting to a probation officer
- Residing in a specific areal
What do I do if I am being investigated for Sexual Assault?
The restrictions to be released on bail can prove to be difficult for the accused, especially if the alleged victim is someone close, like a family member. Release on bail is often denied if the accused shares a home with the alleged victim unless arrangements can be made for the accused to live away from home until the matter is resolved in court. This could be the case even when the accused owns the home or is paying rent.
With the help of an attempted murder lawyer, these challenges can be addressed during the bail hearings. Your lawyer will consider factors such as your criminal history, physical or mental condition as well as employment history to negotiate the release restrictions on your behalf.
If you have already been released on bail, it’s important to ensure you abide by the restrictions given until your lawyer can have them changed. You may face additional charges for breaching the release restrictions, which is why they must be taken very seriously.
HOW AN ATTEMPTED MURDER LAWYER IN CALGARY CAN HELP?
Wyman & Williamson – KNOWLEDGEABLE LEGAL TEAM IN ALBERTA
Attempted murder offences are extremely severe. We understand how a conviction can change your life forever, and that’s why we recommend getting proper legal counsel as soon as possible. We know that even the simplest cases can be complex to litigate because of unique circumstances that further complicate the charges. On this page, we have tried to provide as much information as possible to help you understand what to expect if you find yourself in these circumstances. However, you still need to walk with an experienced attempted murder lawyer to protect your rights throughout this journey. If you are facing an attempted murder charge and the prospect of life imprisonment, reach out to our law firm immediately. We will review the circumstances of your case and develop a precise strategy that works in your favour. We will help gather all the documents and statements needed to defend the allegations made against you as well as help you prepare for trial.