Homicide Defence Lawyer
We fight tirelessly when you're facing the most serious charges in our legal system.
Your life story demands careful handling by lawyers who see you as a person, not just a case.
Understanding Homicide Charges in Alberta
Homicide charges are the most serious offences in the Canadian criminal justice system. In Alberta, these charges are prosecuted aggressively and carry the most severe penalties available under Canadian law, including mandatory life imprisonment.
Homicide investigations are extensive and complex, often involving forensic evidence, witness testimony, expert opinions, and circumstantial evidence. The Crown typically dedicates substantial resources to secure a conviction, making experienced legal representation essential.
We understand the gravity of homicide charges and their life-altering consequences. With our experience on both sides of the legal system, we identify crucial weaknesses in the prosecution's case and develop comprehensive defence strategies tailored to the specific circumstances of your case.
Types of Homicide Charges in Alberta
First-Degree Murder (Section 231)
First-degree murder involves a planned and deliberate killing. It also includes specific situations such as the murder of peace officers, murders committed during certain offences (sexual assault, kidnapping), or murders connected to criminal organization activities.
Penalties for First-Degree Murder in Alberta:
Mandatory life imprisonment
No possibility of parole for 25 years
Permanent criminal record
Lifetime weapons prohibition
DNA order
Second-Degree Murder (Section 231)
Second-degree murder is an intentional killing that was not planned or deliberate. It carries similar penalties to first-degree murder but with different parole eligibility.
Penalties for Second-Degree Murder in Alberta:
Mandatory life imprisonment
No possibility of parole for 10-25 years (determined by the judge)
Permanent criminal record
Lifetime weapons prohibition
DNA order
Manslaughter (Section 236)
Manslaughter involves a homicide committed without the intent to cause death, though there may have been intent to cause harm. It can also apply when a death results from criminal negligence or during the commission of another unlawful act.
Penalties for Manslaughter in Alberta:
No mandatory minimum sentence (except 4 years if a firearm is used)
Maximum life imprisonment
Parole eligibility determined by the sentence
Permanent criminal record
Weapons prohibition
DNA order
Criminal Negligence Causing Death (Section 220)
This charge applies when a death results from a wanton or reckless disregard for the lives or safety of others, such as in cases of extreme negligence.
Penalties for Criminal Negligence Causing Death in Alberta:
Maximum life imprisonment
Possible parole restrictions
Permanent criminal record
Weapons prohibition
DNA order
Our Homicide Defence Process
We approach each homicide case with a proven methodology developed through years of criminal defence experience. From immediate intervention following arrest to strategic representation at trial, we guide you through every step while protecting your rights and pursuing the best possible outcome.
Free Consultation
We begin with a thorough discussion of your case to understand the full context of your situation. During this meeting, we listen to your concerns, review available documentation, and explain potential approaches to your legal matter. This foundation allows us to develop a relationship based on understanding and trust.
During this meeting we discuss fees and a budget that can work with your financial situation.
Obtain and Review Disclosure
The first step when someone is charged with a crime is to find out exactly what the Crown is going to try to use against you. This sometimes takes months of diligent inquiry and follow-up.
Once we obtain the Crown’s disclosure file, we sit down with you to discuss the best way to proceed with your defence. Sometimes, this is by way of a quick resolution to a favourable Crown offer; other times, it is by proceeding to trial.
Plan the Defence
If we proceed to trial, we lay out the best defence strategy well in advance, so we have a clear picture of where we are headed.
This includes planning all pre-trial applications (for instance, to introduce expert evidence), lining up any relevant witnesses, and making critical decisions about things like whether you will testify and whether the trial will be by judge alone or judge and jury.
Prepare for Trial
We prepare you and any witnesses for the trial by thoroughly explaining how the trial will look, showing you around a courtroom so that you are comfortable, asking you practice questions so that you get used to speaking in public, and doing mock cross-examinations so that you are not flustered when answering questions.
Trial
At the trial, we stand between you and the power of the State, and mount your best defence.
About Zachary Al-Khatib
Founder of ZK Law specializing in criminal defence and complex legal matters. Former Supreme Court of Canada clerk bringing unique judicial perspective to each case. I combine rigorous advocacy with compassion, ensuring every client's story is heard. Currently teaching at the University of Alberta while maintaining my practice.
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Contact ZK Law today for a confidential consultation. We will explain your legal options, answer your questions, and start building your defence strategy immediately.
FAQs
Find answers to your most pressing questions about sexual assault and how we can help.
Exercise your right to remain silent and immediately request to speak with a lawyer. Do not provide any statements to police before consulting with legal counsel. We can advise you on protecting your rights from the earliest stages of investigation.
Potential defences include self-defence, accident, provocation (for reducing murder to manslaughter), lack of intent, mistaken identity, or Charter violations during the investigation process. The appropriate defence strategy depends on the specific circumstances of your case.
Bail for murder charges is challenging but possible in certain circumstances. The Criminal Code places the onus on the accused to show why detention is not justified. We work diligently to present the strongest possible case for your release while awaiting trial.
Homicide cases typically take between 18-36 months to resolve, depending on case complexity, court schedules, and whether the matter proceeds to trial. We work efficiently while ensuring your case receives the thorough attention it requires.
The key difference is planning and deliberation. First-degree murder involves a planned and deliberate killing, while second-degree murder is intentional but not planned in advance. The distinction significantly impacts parole eligibility.
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