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Homicide - Cugelman & Eisen

In Canada, one of the most serious criminal offences is homicide. Whether it's a charge of first degree murder or manslaughter, the penalties that accompany a conviction are always severe, up to and including life in prison. If you are under investigation for or have been charged with any type of homicide, it is vital to make sure that your case is in the hands of a qualified and competent criminal lawyer.

Understanding Homicide Under Canadian Law

Basically, homicide is the taking, either directly or indirectly, of another person's life. The charges includes first degree murder, second degree murder, infanticide, criminal negligence causing death, impaired driving causing death, dangerous driving causing death, and manslaughter. Canadian law recognizes that there are differing degrees of culpability on the part of a defendant, and so has created these different categories of homicide.

First degree murder denotes homicide that is both planned and deliberate. This does not mean that the planning had to be elaborate, nor does the deliberation have to be a lengthy process. All that is required is evidence that the accused planned to kill someone and took steps to execute that plan. Where the plan was unsuccessful, a defendant may face a charge of attempted murder.

Some murders are treated as first degree no matter what the circumstances, such as the murder of a police officer. A homicide may also be prosecuted as a first degree murder if it was committed during the execution of another serious crime such as a kidnapping, hijacking, sexual assault, hostage taking, terrorism, forcible confinement, criminal harassment, or any crime committed on behalf of a criminal organization.

Second degree murder encompasses homicide cases that do not fall under the classification of first degree murder. For example, a killing committed during a fight in the heat of the moment, without planning or forethought, would generally be considered second degree murder.

Manslaughter is defined as any culpable act that was committed without the intent to kill. Some common types of manslaughter are unlawful act manslaughter or manslaughter by criminal negligence.

Individuals found guilty of first or second degree murder automatically face a sentence of life in prison; a person convicted of first degree murder is not eligible to apply for parole for 25 years, while those convicted of second degree murder may be eligible to apply for parole after 10 years. Because of the serious nature of these crimes, representation by an experienced criminal lawyer is critical. Your lawyer can protect your rights at every phase of your case, and has the experience and expertise to fight for your acquittal. Both Bernard Cugelman and Mitchell Eisen have successfully obtained acquittals in homicide cases.

Cugelman & Eisen: Barrie Criminal Lawyers Who Will Fight For You

The legal team at Cugelman & Eisen has more than 60 years of combined experience in criminal defence, having prepared and argued cases successfully at all levels of the Ontario court system. They have built their practice on hard work, clear communication with clients, and an unwavering dedication to excellence in the field of criminal defence; today, Cugelman & Eisen is one of the most highly regarded law firms in the Barrie area. They work in all areas of criminal defence and handle all types of cases, including impaired driving, domestic and sexual assault, property offences, and more. Bernard Cugelman and Mitchell Eisen stay abreast of the latest developments in Canadian criminal law, which allows them to provide the most effective defence for every client. They can assist you through every phase of your criminal case, from police investigations, bail, and pre-trial hearings to trials, plea negotiations, and appeals. The law offices of Cugelman & Eisen are located at 89 Collier St. Suite 100, Barrie, Ontario L4M 1H2, or they can be reached by calling (866) 715-9413.