Second-Degree Murder

If you or a loved one is facing a second-degree murder charge in Edmonton, securing skilled legal representation is essential from the start of the process.

Geoff Green, a highly experienced criminal defence lawyer in Edmonton, has over 25 years of experience defending clients in cases of serious criminal offences, including second-degree murder, manslaughter, and other homicide charges. Geoff Green is dedicated to protecting the rights of his clients through comprehensive legal counsel and strategic defences tailored to each case’s unique facts.

Understanding Second-Degree Murder Charges in Alberta

Second-degree murder in Canada is defined as an intentional killing that was not premeditated or planned.

According to the Criminal Code of Canada, second-degree murder is an intentional act resulting in death without prior planning or specific intent to kill. Unlike first-degree murder, second-degree murder does not require proof of premeditation. The consequences of second-degree homicide are severe, with a mandatory life sentence if convicted.

Eligibility for parole can vary, with courts setting parole eligibility between 10 and 25 years based on the crime’s circumstances.

Geoff Green’s extensive experience in second-degree murder defence allows him to thoroughly assess the charges, examine the evidence, and build a defence strategy focused on the unique aspects of each case. By questioning evidence, establishing doubt, or demonstrating mitigating factors, Geoff works to reduce charges or secure more lenient sentencing for his clients.

Differentiating Second-Degree Murder from Manslaughter

Manslaughter differs from second-degree murder as it does not involve intent to kill, often arising from negligence or recklessness.

Manslaughter charges may result when a person’s actions, though not intended to kill, lead to another person’s death.

Manslaughter sentences are typically less severe than those for murder. In cases where intent to kill cannot be proven, a skilled defence lawyer may be able to argue that a second-degree murder charge should be reduced to manslaughter.

Geoff Green’s knowledge of criminal law and intent enables him to challenge the degree of culpability in homicide cases. By presenting arguments for lack of intent, provocation, or self-defence, Geoff seeks to minimize charges and pursue the most favourable outcomes for his clients.

Building a Defence Against Second-Degree Murder Charges

A defence for second-degree murder involves thoroughly challenging evidence, establishing reasonable doubt, and exploring mitigating factors.

When defending against a second-degree murder charge, Geoff Green assesses all aspects of the case, including forensic evidence, witness testimonies, and police procedures.

Defence strategies commonly used in second-degree murder cases include:

Defence Strategy	Description
Lack of Intent	Demonstrating that the accused did not have the intent to kill, potentially reducing the charge to manslaughter.
Self-Defence	Arguing that the accused acted to protect themselves or others from imminent harm.
Provocation	Showing that the accused was provoked into a response, which may justify a lesser charge.
Mistaken Identity	Questioning evidence that links the accused to the crime scene or alleged weapon.
Reasonable Doubt	Creating doubt about the prosecution’s case by challenging witness credibility or forensic accuracy.
Forensic Evidence Review	Analyzing forensic evidence to find inconsistencies or errors in the prosecution’s case.

With each defence, Geoff Green meticulously prepares to argue on behalf of his clients in the courtroom. His experience in challenging complex evidence, such as DNA or forensic reports, ensures that every detail is examined, and any weaknesses in the Crown’s case are exposed.

Life Sentencing and Parole Eligibility in Second-Degree Murder Cases

Second-degree murder convictions carry a life sentence, with parole eligibility typically set between 10 and 25 years.

A second-degree murder conviction results in mandatory life imprisonment. However, unlike first-degree murder, the period before parole eligibility is not fixed and can vary depending on factors such as the nature of the offence, the accused’s criminal history, and the judge’s discretion. This flexibility allows experienced defence lawyers like Geoff Green to argue for a reduced period before parole eligibility, considering mitigating factors or positive behavioural evidence.

Geoff understands the impact that a reduced parole eligibility period can have on his clients’ futures. By advocating for the most lenient parole eligibility possible, he ensures that clients have an opportunity to reintegrate into society sooner.

Bail Options for Second-Degree Murder Charges

While bail is not automatically granted in second-degree murder cases, a convincing argument can be made under certain conditions.

In murder cases, securing bail can be challenging but still possible. If the accused poses minimal risk to the public and has strong community or family ties, Geoff Green can present arguments for bail to allow them to prepare for trial outside of custody. In bail hearings, Geoff emphasizes the accused’s support systems, employment status, and any previous good behaviour to advocate for conditional release.

Geoff Green’s experience in bail hearings for serious charges means he is well-equipped to present compelling arguments, potentially allowing clients to be released while awaiting trial.

Additional Charges and Their Impact on Second-Degree Murder Cases

Charges such as assault, criminal negligence, and firearms offences often accompany second-degree murder, increasing potential penalties if convicted.

Additional charges may be laid alongside a second-degree murder charge, especially if other offences like assault, firearms offences, or criminal negligence contributed to the incident. These charges can add further complexity to the case, leading to additional penalties if convicted. Geoff Green examines each charge individually and collectively to weaken the prosecution’s case and challenge evidence for the additional charges, aiming to have them reduced or dismissed.

By focusing on reducing or dismissing lesser charges, Geoff can help minimize potential sentencing and focus on the primary charge at hand.

The Role of Forensic Science and Evidence in Second-Degree Murder Cases

Forensic science and witness testimonies are critical in second-degree murder trials, and Geoff Green rigorously examines these elements to identify inconsistencies.

Second-degree murder cases often hinge on complex forensic evidence, such as DNA, fingerprints, and other physical evidence. Geoff Green’s extensive experience with forensic science enables him to question the reliability and accuracy of the evidence. By cross-examining forensic experts and challenging witness statements, he ensures that only reliable evidence is admitted.

Errors in evidence collection or analysis can significantly impact the outcome of a case, and Geoff’s thorough review of each piece of evidence can expose weaknesses in the prosecution’s arguments, which can lead to reduced charges or acquittal.

Legal Support for Victims of Violent Crime in Alberta

For families affected by violent crime, legal guidance can help navigate the criminal justice process and ensure that victims’ rights are respected.

While Geoff Green focuses on defending those accused of second-degree murder, he also understands that victims and their families are deeply affected by these cases. Victims or their families often require legal support to understand the trial process, navigate the Crown’s case, and ensure that justice is served. In Alberta, resources are available to support victims, including the Alberta Victims of Crime and Public Safety Programs, which offer counselling, financial support, and guidance through the legal process.

Your Legal Options: Plea Bargains, Trials, and Appeals

Clients charged with second-degree murder have various legal options, including negotiating plea agreements, proceeding to trial, or appealing convictions.

Negotiating a plea can result in reduced charges or lighter sentencing, which may be a suitable option depending on the evidence. Geoff Green has extensive experience negotiating plea agreements that benefit his clients, carefully weighing the advantages of accepting a plea versus proceeding to trial. Should a client be convicted, Geoff can also provide legal guidance on the potential for an appeal, which may address procedural errors or issues with how evidence was managed during the trial.

By discussing all available options, Geoff ensures that clients understand the implications of each choice and can make informed decisions regarding their defence.

Frequently Asked Questions about Second-Degree Murder Charges in Alberta

What distinguishes second-degree murder from first-degree murder in Alberta?

Second-degree murder is an intentional killing that is not premeditated or planned, unlike first-degree murder, which involves advance planning or specific circumstances, such as a murder committed during another serious offence like kidnapping or sexual assault. Both carry severe consequences, but first-degree murder results in a mandatory life sentence with stricter parole eligibility. A second degree murder can be “upped” to a first degree murder charge if the evidence shows the payment of money for the murder, or if the victim is a police officer or person working in a jail, or if the murder occurs while another serious offence is taking place, or if connected to a criminal organization and other situations.

Can an Edmonton criminal lawyer help reduce a charge from second-degree murder to manslaughter?

Yes, an experienced Edmonton criminal defence lawyer can work to challenge the evidence or argue mitigating factors that could result in a charge being reduced to manslaughter. This can lead to a more lenient sentence, as manslaughter often involves recklessness or unintentional killing due to provocation or excessive force rather than a deliberate act.

What is the minimum sentence for second-degree murder in Alberta?

The minimum sentence for second-degree murder in Alberta is life imprisonment. However, the period before parole eligibility varies, typically starting at 10 years but can be extended depending on the severity and circumstances of the case, as assessed by the Alberta court.

How does a second-degree murder conviction affect a criminal record?

A conviction for second-degree murder permanently marks an individual’s criminal record with the most serious designation. This affects all future aspects of life, including employment, travel, and the ability to access various services, underscoring the importance of consulting with a murder lawyer to understand potential long-term impacts.

What are potential defences for second-degree murder charges in Edmonton?

Defences against second-degree murder charges can include self-defence, lack of intent, mental health issues, or mistaken identity. An Edmonton criminal defence lawyer will explore all possible strategies to refute or mitigate charges based on evidence and applicable legal precedents in Alberta’s criminal courts.

How does a charge of second-degree murder impact the accused compared to being charged with manslaughter?

Being charged with second-degree murder generally implies the Crown believes there was intent to kill but without premeditation. Manslaughter, however, often results from criminal negligence or reckless behaviour causing death without intent. The sentences differ greatly, with manslaughter potentially resulting in a sentence far less severe than the life sentence mandated for second-degree murder.

Schedule a Free Consultation with a Criminal Defence Lawyer in Edmonton

If you or a loved one has been charged with second-degree murder in Edmonton, acting quickly to secure legal representation is essential. Geoff Green offers a free initial consultation to discuss your case, review your options, and provide guidance on the steps forward. With over 25 years of experience in criminal defence law and a commitment to safeguarding his clients’ rights, Geoff is dedicated to providing strong and effective representation.

For a free consultation with Geoff Green, call (780) 914-1836 today. Geoff will provide the experienced legal counsel needed to defend against serious charges and help pursue the best possible outcome for your case.