First-Degree Murder

If you are facing a first-degree murder charge in Edmonton, Alberta, you are facing one of the most serious charges under Canadian law.

With over 25 years of experience in criminal defence, Geoff Green provides highly skilled legal representation for complex cases involving murder, manslaughter, and homicide in Edmonton and across Alberta.

First-degree murder charges require a deep understanding of criminal law and courtroom strategy to build a strong defence. Geoff Green has decades of experience defending clients charged with serious offences and is prepared to protect your rights at every stage.

First-Degree Murder Offence in Alberta

First-degree murder is the most serious criminal offence in Canada, carrying a mandatory life sentence without the possibility of parole for at least 25 years.

A first-degree murder charge requires intent and often premeditation, as defined in the Criminal Code of Canada. In Alberta, first-degree murder is classified as an intentional, planned killing or a killing that occurs in connection with certain other offences, such as kidnapping, sexual assault, or organized crime. This charge carries severe penalties, including life imprisonment without parole for a minimum of 25 years. Defending a first-degree murder charge demands a comprehensive understanding of Canadian criminal law and skill in challenging both direct and circumstantial evidence presented by the Crown.

Geoff Green has extensive experience representing clients charged with first-degree murder and can examine evidence, collaborate with forensic experts, and identify weaknesses in the prosecution’s case. This meticulous approach is essential to navigate such a high-stakes case and to pursue a favourable outcome, including a potential reduction of charges or an acquittal.

Second-Degree Murder: Understanding the Differences

Second-degree murder carries a life sentence but differs from first-degree murder as it does not require premeditation or specific intent to kill.

In Canada, second-degree murder is defined as an intentional killing that is not planned or premeditated. The sentence for second-degree murder is also life imprisonment; however, parole eligibility is typically set between 10 and 25 years, based on the circumstances of the offence. Second-degree murder charges require a skilled legal defence that can scrutinize intent, provocation, and other factors that may influence sentencing.

Geoff Green’s experience in murder cases includes crafting defences that challenge the degree of intent or culpability. By thoroughly investigating each aspect of the case, Geoff can argue for reduced charges or present mitigating factors that could impact sentencing, including provocation, diminished capacity, or accidental harm.

Manslaughter: Distinctions and Defences

Manslaughter charges can stem from unintended deaths where negligence, recklessness, or criminal negligence leads to a fatality.

Manslaughter differs from murder in that it does not involve intent to kill but arises from actions that result in death, such as criminal negligence or recklessness. Manslaughter is typically charged in cases where there was no premeditation or clear intent to kill but rather actions that had fatal consequences. Penalties for manslaughter are often less severe than murder charges but still carry significant consequences, including potential lengthy imprisonment. In cases where manslaughter is charged, defence strategies often focus on demonstrating the lack of intent or presenting arguments of self-defence or provocation.

Geoff Green has defended numerous manslaughter cases, developing defences based on lack of intent, self-defence, or accident. His experience with forensic evidence and complex legal arguments allows him to present a compelling case, whether aiming for acquittal or reduced sentencing.

Building a Defence for First-Degree Murder Charges

The defence for first-degree murder requires a detailed understanding of the criminal code, case law, and forensic evidence.

Geoff Green is dedicated to building a strong defence for clients facing murder or manslaughter charges by carefully analyzing all evidence, questioning witness statements, and consulting forensic experts. Key aspects of a murder defence may include:

Defence Strategy	Description
Challenging Intent	Examining if the accused had intent to kill, which is required for murder convictions.
Self-Defence	Arguing that the accused acted to protect themselves or others from imminent harm.
Provocation	Demonstrating that the accused acted in the heat of passion or due to provocation, which may reduce charges.
Lack of Premeditation	Highlighting the absence of planning in cases of second-degree murder to potentially lessen the charge.
Psychiatric Evaluations	Assessing the mental health of the accused to present a defence of diminished capacity.
Forensic Analysis	Using forensic science to question evidence presented by the Crown.

Each case is unique, and Geoff Green works closely with clients to understand the full details of their situation, helping them navigate the court process and ensuring that every possible defence is explored.

Life Imprisonment and Parole in Canada

Life imprisonment is mandatory for murder convictions in Canada, but parole eligibility varies.

A conviction for first-degree murder results in life imprisonment without eligibility for parole for at least 25 years, while second-degree murder convictions may allow parole eligibility between 10 and 25 years. Even with the potential for parole, individuals convicted of murder often face significant challenges when seeking release. The parole board considers multiple factors, including the risk to society, the nature of the crime, and the individual’s behaviour in prison.

Geoff Green helps clients understand the implications of a potential life sentence and works to build a case that could minimize time served. Whether it involves challenging the charges altogether or advocating for parole eligibility, Geoff ensures that clients are fully informed and supported throughout the process.

Defending Against Other Serious Criminal Charges: Sexual Assault, Kidnapping, and More

Geoff Green also defends clients facing other severe criminal charges, including sexual assault, and kidnapping, which can compound penalties in murder cases.

Charges like sexual assault or kidnapping may be included with murder charges, as they may have occurred in connection with the alleged homicide. These charges can significantly increase the severity of sentencing if convicted. When multiple charges are involved, Geoff Green carefully examines the specific evidence for each charge, addressing weaknesses and inconsistencies in the prosecution’s case to reduce or dismiss these additional charges. Geoff’s extensive courtroom experience allows him to navigate cases with complex legal and factual elements, ensuring his clients receive a comprehensive defence.

Homicide Investigations and Evidence in First-Degree Murder Cases

Homicide cases often involve extensive police investigations and forensic evidence, which Geoff Green carefully reviews to build a solid defence.

Homicide investigations typically include evidence from forensic experts, police testimony, and, in many cases, circumstantial evidence that requires careful scrutiny. Police officers may use interrogations, witness statements, and physical evidence to build a case. However, not all evidence presented by the police or Crown is reliable. Geoff Green has a deep understanding of forensic science and experience in questioning police procedures and evidence collection methods. He collaborates with experts when necessary to verify evidence and ensure the accused’s rights are upheld.

By challenging the admissibility or credibility of evidence, Geoff can undermine the prosecution’s case and potentially lead to reduced charges or acquittal.

Legal Options: Bail, Plea Bargains, and Trial Defence

Individuals charged with first-degree murder in Alberta have several legal options, including bail, plea agreements, and full trial defence.

While bail is not always granted in murder cases, a skilled lawyer like Geoff Green can present compelling arguments for bail, emphasizing the accused’s ties to the community, employment, and other factors that may support conditional release.

Geoff also explores plea bargains where appropriate, which may reduce the severity of the charges and sentencing. When a case proceeds to trial, Geoff uses his decades of experience to provide a robust defence, thoroughly cross-examining witnesses and challenging the Crown’s evidence.

Every client receives guidance on their legal options, and Geoff ensures that the chosen course of action is aligned with the client’s best interests.

Frequently Asked Questions about First-Degree Murder Charges in Alberta

How does Alberta law differentiate between first-degree and second-degree murder charges?

In Alberta, first-degree murder involves premeditation, meaning the act was planned and intentional, while second-degree murder lacks this level of planning but still involves deliberate harm. Both charges carry grave consequences, but first-degree murder has a higher minimum sentence and is considered more heinous due to the element of premeditation. Consulting an experienced Edmonton murder lawyer can clarify the specifics of each degree about your case.

Can being charged with murder affect my criminal record even if I’m acquitted?

Yes, being charged with murder can have lasting impacts on your record, even if you are acquitted. While an acquittal means you are not convicted, the existence of a murder charge may still appear in certain background checks and influence public perception.

Geoff Green can provide guidance on the implications of a murder charge and the options for managing your record.

What role does a murder defence lawyer play if I’m charged with first-degree murder?

A murder defence lawyer is crucial in building a defence, assessing evidence, and identifying any rights violations in your case. With extensive knowledge of Alberta’s criminal justice system, an experienced lawyer can explore possible defences, negotiate charges if appropriate, and advocate for your best interests in court. Choosing the right legal counsel can significantly impact the outcome of first-degree murder charges.

Are there circumstances under Alberta law where a murder charge could be reduced to manslaughter?

Yes, Alberta law allows for certain situations where a murder charge could be downgraded to manslaughter, typically if intent to kill cannot be proven or if the act occurred in the “heat of passion.” Manslaughter lacks premeditation and carries a different sentencing structure. An Edmonton murder lawyer can evaluate whether such a reduction may apply in your case, depending on the circumstances.

What is the minimum sentence for a first-degree murder conviction in Alberta?

The minimum sentence for a first-degree murder conviction in Alberta is life imprisonment with no possibility of parole for 25 years. This severe penalty reflects the seriousness with which Canadian courts treat premeditated murder. Consulting a law firm experienced in murder defence is essential to understand all sentencing implications and potential defences.

Free Consultation with an Experienced Criminal Defence Lawyer in Edmonton

If you or a loved one is facing a murder or manslaughter charge in Edmonton, early legal intervention can make a crucial difference. Geoff Green offers a free initial consultation to discuss your case, explain your legal options, and answer any questions you may have about the charges, possible defences, and next steps. With decades of experience in criminal law and a deep commitment to protecting clients’ rights, Geoff is prepared to help you navigate this challenging time.

To schedule your free consultation with Geoff Green, call (780) 914-1836 today. Protect your rights and ensure you have a dedicated defence lawyer on your side, working tirelessly for the best possible outcome in your case.