Misha has represented numerous clients charged with murder, manslaughter, criminal negligence causing death, and other charges related to the death of another person.  When facing these kinds of charges, it is crucial to retain experienced counsel.  These cases are complex and emotions run very high.  Sometimes these cases generate significant publicity in the communities in which they occur.  Misha can assist if you, a friend, or family member has been charged with a homicide-related offence.

What is Homicide?

Homicide is the killing of one person by another person. Charges related to homicide include first-degree murder, second-degree murder and manslaughter. Some related charges include failing to provide the necessaries of life, criminal negligence causing death, or dangerous driving causing death.  These are the most serious charges in Canadian law.

What are some defences to homicide charges?

There are defences to homicide charges, however. In some circumstances these act as complete defences, such as self-defence, but in other circumstances they amount to a partial defence. Provocation reducing murder to manslaughter, is one example. It is vital to choose experienced counsel to assist in navigating the complexities of the legal system for such serious charges. Misha has experience defending people charged with homicide charges, including first-degree murder, second-degree murder, manslaughter, and related charges.

What is the Penalty for Homicide? Is there Jail Time?

The sentence for murder is a life sentence, with a period of parole ineligibility set by the judge. The sentence for manslaughter can include a life sentence, and very long jail sentences are common. Where a person is killed by the act or in some circumstances even the omission of another person, serious consequences will follow.

What happens if you're charged with Homicide?

Given that these are the most serious charges in Canadian law, homicide charges, particularly murder charges, have special rules. When charged with murder, the accused person is presumptively detained and cannot be released except by the order of a Superior Court judge. In most cases, bail is unusual for people charged with murder, even for those without a prior criminal record.

Why shouldn't I just plead guilty to Homicide?

A criminal conviction for Homicide can have consequences far greater than the sentence imposed by the judge. A criminal conviction can have consequences for employment, immigration status in Canada, access to children as part of any family law proceedings, crossing the border to the United States and elsewhere, and any number of other consequences. While many people may be tempted to plead guilty ‘to get it over with’ a criminal conviction with all its consequences can last for a long time, perhaps forever. A snap decision may be the wrong decision. As experienced trial counsel, Misha can advise you of the strong or weak parts of the Crown’s case. While some cases are strong – and pleading guilty may be a reasonable option – many others are not. Some people are not guilty, and guilty pleas are only for guilty people. Experienced trial counsel can negotiate a better deal or successfully represent you at trial.

Only a careful review of your matter can give you the advice you need to make crucial decisions on your case and your life. A careful review may reveal gaps or problems with the Crown’s case. Contact experienced trial counsel before deciding to plead guilty.

First Time Homicide Charges

The criminal justice system often recognizes that people make mistakes. Some mistakes are bigger than others. People charged with offences, including Homicide, for the first time are usually treated somewhat differently from people with long criminal records. Experienced counsel can assist in obtaining great results for first time charges. This may include diversion before trial or favourable plea agreements. Contact our office to discuss your case and what to expect.