What Are the Rights of the Accused in Toronto First-Degree Murder Trials?

How Are Homicides Classified in Ontario?

No criminal charge is more serious than the charge of first-degree murder. If you face a first-degree murder charge in or near the Toronto area, you must be represented and advised by a Toronto murder defence lawyer, and you must contact that lawyer at once.

Canadian law classifies homicides as first-degree murders, second-degree murders, and manslaughters. These subcategories indicate the level of responsibility of the alleged perpetrator of the crime. Statistics Canada reports that 123 homicides were committed in Toronto in 2023.

What Constitutes First-Degree Murder?

A first-degree murder is a murder that is both deliberate and planned. What matters is that one or more persons planned to kill someone and then deliberately and successfully carried out that plan. It is also first-degree murder when an individual:

1. knowingly and intentionally kills a law enforcement officer 
2. kills another person while committing a violent crime such as sexual assault or terrorism

How Are First-Degree Murder Convictions Penalized?

Police agencies in Ontario both thoroughly and aggressively investigate homicide cases. There have been murder and manslaughter cases where the police quickly targeted a suspect unfairly or carelessly violated a suspect’s rights in the process.

The police and Crown prosecutors have seemingly unlimited resources for the investigation and prosecution of murder cases. However, only a few criminal defence lawyers in Ontario have the skills and legal experience needed to represent a first-degree murder suspect successfully.

A first-degree murder conviction in Ontario may be penalized with a life sentence with no chance of parole for 25 years. “No chance of parole” means the offender must serve 25 years before being eligible to apply for parole; it does not mean that parole is automatically granted after 25 years.

With the stakes so high, if you are facing a first-degree murder charge in or near Toronto, you must reach out to a lawyer who has substantial experience – and a record of success – representing those who face the most serious criminal charges in Toronto and across Ontario.

What Are Your Rights if You Face a First-Degree Murder Charge?

If you face a first-degree murder charge in or near Toronto, an Ontario homicide lawyer will defend you by reviewing the details of the charge against you, finding any weaknesses or flaws in the Crown prosecutor’s case, and preparing an aggressive, effective defence strategy.

Your lawyer may consult with psychologists, private investigators, forensic authorities, and other experts. You have two fundamental legal rights if you find yourself facing a first-degree murder charge in Ontario:

1. You have the right to legal counsel. Exercise that right. If you face a first-degree murder charge, you must reach out at once to an experienced criminal defence lawyer. That lawyer can advise you regarding your rights and represent you in court.
2. You have the right to remain silent. The right to remain silent is a basic right under the Canadian Charter of Rights and Freedoms. Again, exercise that right. You can’t inadvertently implicate yourself in a homicide if you stay quiet.

If you face a murder charge in Ontario, you are entitled to a preliminary inquiry. The court can release you if it finds there is inadequate evidence to support a murder charge. Have an experienced defence lawyer prepare you for this inquiry and accompany you before the judge.

What Are the Defences to a First-Degree Murder Charge?

There are several possible ways to defend against a first-degree murder charge. Your lawyer may raise a reasonable doubt about whether the Crown prosecutor has proven that you are the individual who committed the murder. Your lawyer may:

1. cast doubt on the evidence
2. cast doubt on the reliability of the witnesses
3. point to another suspect who may be the murderer

However, if it’s clear that you caused the victim’s death, your Toronto murder defence lawyer may argue that you were acting in self-defence. Self-defence claims always raise questions about whether the action was reasonable or disproportional to the threat a defendant faced.

Your lawyer may offer intoxication as a partial defence that reduces the first-degree murder charge to manslaughter. The question is whether, as a result of intoxication, the defendant foresaw that his or her action would likely cause the victim’s death.

How is a First-Degree Murder Charge Reduced?

For homicide investigators, distinguishing between murder, manslaughter, and justifiable homicide is often quite tricky. Investigators must interrogate witnesses and confirm timelines. Medical evidence is a key element.

Sentences are harsh for manslaughter and murder convictions, so authorities must determine the appropriate charge. In some cases, an Ontario homicide lawyer can persuade the Crown prosecutor to reduce a first-degree murder charge to second-degree murder or manslaughter.

If you’re facing a murder charge in or near Toronto, that charge may be reduced to a manslaughter charge if your lawyer can show you were acting in the “heat of passion” because of a sudden provocation.

In other homicide cases, a murder charge may be reduced to manslaughter if your lawyer can show that alcohol or other drugs acted to impair your mental capacity. Particularly if you have a history of mental illness, discuss with your lawyer whether you should use the insanity defence.

Take Your Case to William Jaksa Criminal Litigation

There’s no need to search extensively for the right criminal defence lawyer. Let’s say you face a murder charge or another violent criminal charge in the Toronto area. William Jaksa Criminal Litigation will defend you, protect your rights, and prepare an appropriate defence strategy.

Anyone who is facing a murder charge in Ontario needs to consider carefully which lawyer to hire. With almost twenty years of legal experience, Toronto lawyer William Jaksa will effectively cast doubt on the Crown prosecutor’s evidence and fight for the justice you need.

William Jaksa Criminal Litigation will ensure the court hears and understands your side of the story. We provide sound advice and the defence representation you need and deserve. You can schedule a legal consultation now or in the future by calling our criminal defence team at 647-951-8078. Let William Jaksa Criminal Litigation put the law to work on your behalf.