An attempted murder charge is one of the most serious allegations a person can face in Ontario. The weight of the paperwork alone is enough to cause panic. Unlike other violent offences, this charge signals that the state believes you intended to end a human life. It is a life-altering moment that requires an immediate, high-level legal response.
Kazandji Law‘s Ontario attempted murder lawyers understand that an “attempt” is often a matter of interpretation. Police often overcharge, mistaking a heated physical altercation or a case of self-defence for a calculated effort to kill. Our job is to dismantle the prosecution’s narrative and protect your liberty.
Why You Need Experienced Ontario Attempted Murder Lawyers
The primary reason you need specialized counsel is that attempted murder is a specific intent offence. In many other crimes, the Crown only needs to prove you were reckless or meant to cause harm. For attempted murder, they must prove beyond a reasonable doubt that your specific goal was to cause death.
Under Section 239 of the Criminal Code, the penalties are severe. If you are convicted, the maximum sentence is life imprisonment. If a firearm was used, you face mandatory minimum sentences of 4, 5, or 7 years, depending on your record and whether the act was associated with a criminal organization. Without an aggressive defence, the system is designed to lock you away for a significant portion of your life.
The Legal Elements of the Charge
To secure a conviction, Ontario Attempted Murder Lawyers must address the “actus reus” (the physical act) and the “mens rea” (the mental intent). The Crown must prove:
- The Attempt: You took a step toward committing murder that went beyond mere preparation.
- The Specific Intent: You actually meant to kill the person. If you only meant to scare them or cause bodily harm, the charge should technically be downgraded to aggravated assault or discharging a firearm with intent.
Strategic Defences: Challenging the Crown’s Case
We leave no stone unturned when reviewing your disclosure. Common defence strategies include:
- Lack of Intent: We argue that while an incident occurred, there was never an intent to kill. This is often the most effective way to have the charges reduced.
- Self-Defence (Section 34): If you were protecting yourself from a threat of death or grievous bodily harm, your actions may be legally justified.
- Charter Violations: We look for breaches of your Section 8 (Search and Seizure) or Section 10 (Right to Counsel) rights to have key evidence, such as weapons or statements, excluded.
FAQs: Working with Ontario Attempted Murder Attorneys
What is the difference between attempted murder and aggravated assault?
The difference is the intent. Aggravated assault involves wounding or endangering life, but attempted murder requires the specific intent to kill.
Can I get bail on an attempted murder charge?
Yes, but it is difficult. You will likely face a “reverse onus” situation where you must prove why you should be released. We specialize in creating robust release plans involving sureties and electronic monitoring.
Does it matter if the victim wasn’t actually hurt?
No. You can be charged even if no physical contact was made, as long as the Crown can prove you intended to kill and took a step toward it.
What is a “mandatory minimum” sentence?
Under Section 239, if a firearm is involved, the judge must sentence you to at least 4 or 5 years in prison, even if it is your first offence.
Can the charge be reduced to a lesser offence?
Yes. Through “Resolution Discussions,” we often negotiate to have the charge reduced to assault with a weapon or aggravated assault, which avoids the life-imprisonment stigma.
What if I abandoned the attempt?
If you voluntarily stopped before the act was completed, it may serve as a mitigating factor or a defence, depending on how far the “attempt” had progressed.
Will I have a jury trial?
For charges this serious, you have the right to a trial by judge and jury, though in some cases, we may advise a judge-alone trial in the Superior Court of Justice.
What is transferred intent?
If you tried to kill Person A but accidentally injured Person B, the law can “transfer” that intent to kill to the actual victim.
How much does a defence cost?
Fees vary based on the complexity and length of the trial. We provide clear, transparent block-fee structures so there are no surprises.
What should I do if the police want a statement?
Do not say anything. Exercise your right to silence and tell them you want to speak to your lawyer immediately.
Why Choose Kazandji Law?
Our Ontario attempted murder lawyers don’t just manage files; we defend people. We work with private investigators and forensic experts to build a counter-narrative that the police ignored. When the stakes are life in prison, you need a firm that is ready to go the distance. Contact Us Now.