Being charged with homicide is the most serious criminal proceeding in Canada’s criminal justice system. Charges range from first-degree murder to manslaughter and convictions all carry a penalty of life imprisonment with significant periods of parole ineligibility. Therefore, it is crucial to contact a knowledgeable homicide lawyer with experience defending against these charges.
With over 35 years of experience, Patrick C Fagan, K.C. has successfully defended all forms of culpable homicide. From defending against murder to manslaughter charges, the Law Offices of Patrick C Fagan, K.C have helped protect the rights of clients in Calgary, Alberta, and helped them obtain a fair verdict — including an outright verdict of not guilty at trial, a complete withdrawal of charges through pre-trial negotiation, a reduction in the charge and/or sentence and avoiding prosecution in the first instance.
Defending Calgary Homicide Charges
In Canada, homicide is the most serious offence someone can be charged with and falls under murder or manslaughter. How these charges are laid often depends on the intent of the accused person.
A murder occurs when a person commits a culpable homicide meant to cause the victim’s death or bodily harm to the victim if they knew that the bodily harm was likely to result in death. A murder charge can be further categorized into first-degree and second-degree.
- First-degree murder refers to a planned and deliberate homicide, murdering a police officer or prison employee, or a murder committed while committing certain other offences, such as sexual assault or kidnapping
- Second-degree murder includes any intentional homicides that cannot be classified as first-degree
Manslaughter refers to an unintentional homicide that resulted from criminal negligence or unlawful conduct. A person acts criminally negligent when they act or refrain from acting in a way that shows reckless disregard for the lives or safety of others.
Defending homicide charges can be challenging. These charges often trigger extensive police investigations that use an array of advanced techniques to collect evidence against the accused.
Because of the complexity of these investigations, they sometimes result in infringements on the accused person’s Constitutional rights. For instance, the police may fail to adhere to proper procedures when gathering evidence. Therefore, it is important to retain a homicide lawyer who can protect your rights throughout the criminal process and apply to exclude evidence that was improperly collected.
Contacting a homicide lawyer to help defend you in court is important to ensure that you receive the most favourable outcome in the case. The Law Offices of Patrick C Fagan, K.C. has broad expertise in successfully defending clients against homicide charges. Patrick C Fagan, K.C. has experience crafting the best defence strategy to obtain a fair verdict — from an outright verdict of not guilty at trial to a complete withdrawal of charges through pre-trial negotiation.
In some instances, the best course forward to defend a homicide charge involves reducing the charge and/or sentence. With 35 years of experience, Patrick C Fagan, K.C. understands how to navigate the complexity of homicide charges.
35 Years of Experience Defending Homicide Charges
The Law Offices of Patrick C. Fagan, K.C. has decades of experience successfully defending clients against homicide charges in Calgary, Alberta, including numerous high-profile cases such as the Calgary Double Homicide and the Chestermere youth murder case.
Calgary double homicide – verdict: not guilty
In 2019, the Court of Queen’s Bench Justice Earl Wilson acquitted a man, represented by Calgary homicide lawyer Patrick C Fagan, K.C., on two counts of second-degree murder.
The man was accused of fatally stabbing his best friend and father in 2017, but Wilson stated that he could not rule on who had stabbed them.
Before the trial, defence lawyer Patrick C Fagan, K.C. told the Calgary Sun that the evidence against his client was insufficient to conclude that he had murdered the two victims. “The Crown has failed to prove beyond a reasonable doubt that the accused caused the death of either deceased,” Fagan said.
Chestermere youth murder case – verdict: not guilty
In a high-profile homicide case in Chestermere, the judge sided with defence lawyer Patrick C Fagan, K.C. and found a teen on trial for manslaughter not guilty.
The accused teen had been charged with manslaughter after a prearranged fistfight turned deadly. The other teen, a schoolmate of the accused, succumbed to his injuries.
The judge said the accused did not have the “necessary intent to cause serious bodily harm” and, therefore, the teen was not guilty of manslaughter.
What are the consequences of a Homicide Charge
Being charged with homicide carries serious consequences. A bail hearing is always posted for homicide charges, and the police and prosecution often conduct wide-ranging investigations that can be highly intrusive to the accused.
A homicide conviction could mean life behind bars. Certain charges carry significant periods of parole ineligibility. For example, a first-degree murder conviction means life imprisonment with parole eligibility after 25 years. A second-degree murder conviction means life imprisonment with parole eligibility after a minimum of 10 years.
It is crucial to contact a homicide lawyer to devise a successful defence strategy. Oftentimes it involves challenging the credibility and reliability of witnesses. Sometimes it involves considering a plea bargain to reduce the sentence or downgrade the charges. To ensure that you receive the most favourable verdict in your case, it is important to get help from an experienced homicide lawyer to defend you in court.
How Patrick C Fagan, K.C. Can Help You
Facing a homicide charge can feel overwhelming. Patrick C Fagan, K.C. understands the complexities of homicide cases and has the experience to craft the best defence strategy given the circumstance to obtain a fair verdict. By carefully reviewing every piece of evidence and drawing on 35 years of experience working as a homicide lawyer, Patrick C Fagan, K.C. has helped defend countless clients across Calgary to secure the most favourable outcome in their cases.
To learn more about the Law Offices of Patrick C Fagan, K.C. can help you, call 403-517-1777 or contact email@example.com.