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Manslaughter 2017-11-13T22:49:09+00:00

Manslaughter Defence Lawyers Calgary

The Charge

Manslaughter Defence Lawyers Calgary

Causing the death of another human being is one of the most serious offences known to law. It carries with it a potential for lengthy jail sentences and the stain of being labelled a killer by your friends, family, and entire community.

A person is guilty of homicide if the Crown proves that you caused the death of a human being in any one of the following four most common ways:

  1. By committing an “unlawful act”
  2. By “criminal negligence”
  3. By causing that human being to do anything that causes his death, by deception or fear of violence
  4. If the deceased person is a child or sick, by wilfully frightening that human being

The prosecution must prove all these elements beyond a reasonable doubt.

Although the Code definition for manslaughter is short, virtually every word and phrase in the definition of manslaughter has a complicated legal definition. Only a skilled criminal defence team can properly assess the case to determine whether your actions, legally speaking, “caused” the person’s death. Whether you committed an “unlawful act” or acted with “criminal negligence” is also a complex legal concept.

Bail Conditions for Manslaughter Charge

You face an uphill battle securing release on a manslaughter charge, primarily because the seriousness of the offence allegedly committed is one factor the Judge must consider when deciding whether or not to give you bail.

However, this is just one factor to be considered. We will forcefully and truthfully argue that you should be released while your case proceeds through the justice system, by presenting a detailed picture of you to the Judge demonstrating that you are not a danger to flee the province or commit more offences on release.

If you are released, you can expect to be placed on strict conditions, including: a curfew; a ban on possessing or drinking alcohol; a ban on possessing any weapons; and an order that you not have any contact with potential witnesses in your case.

Defending Manslaughter Charge

A serious charge requires a serious defence, and you need a lawyer with a keen legal eye to assess the strengths and weaknesses of your case and identify the best plan of attack.

Our lawyers start working for you by undertaking a thorough review of all the evidence generated by the police investigation into the death of the victim. Homicide investigations receive special attention from the police, so the amount of evidence is almost always large and complex.

There may be numerous witness statements, autopsy reports, DNA evidence, firearms analyst reports, and surveillance video footage of the crime scene. Perhaps the police interrogated you and you made a statement that the prosecution now wants to put into evidence against you, or searched your personal property (including your vehicle or home).

Our lawyers carefully review every single piece of evidence in your case. Where there are weaknesses, gaps, or inconsistencies in the evidence, we will find them and exploit them for your benefit. We are also skilled at identifying breaches of your constitutional rights by the police and arguing that all evidence that was obtained by those breaches should be excluded from the evidence.

Some of the many issues your defence may focus on include:

  • Was the death of the victim caused by your actions, or something else?
  • Can the Crown prove that you were the one who committed the crime?
  • Did you commit an “unlawful act” in the course of causing the victim’s death?
  • Did the police violate your rights in the course of gathering evidence against you?
  • Do any of the witnesses against you have issues with their trustworthiness?

The Sentence

The stakes are high.

Manslaughter is a very broadly defined crime and captures incidents that are classified as “near accidents” on one end of the scale, and “near murders” on the other end. Where ever your offence falls on this scale, it will play a big part in determining your sentence.

Manslaughter carries a maximum sentence of life in prison, and a minimum of 4 years if a firearm was used in the course of the offence. For all other situations, there is no minimum penalty.

We approach your sentencing hearing by ensuring that all favorable information about your past and future prospects are put before the judge in an honest and compelling fashion. We make sure that any reports prepared by probation officers or medical experts are fairly and accurately portrayed to the Judge. We will also rely on previous cases in support of our argument on why you should get the lowest sentence that is necessary in the circumstances of your case.

In addition to a jail sentence, people found guilty of manslaughter are subject to an order prohibiting them from possessing any weapons for a minimum of ten years, as well as an order that they give a sample of their DNA to the national databank.

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Chey Panda
Chey Panda
21:27 28 May 20
I highly recommend Crystal McGraw's services as she is very professional, non-judgmental & reliable. Crystal will keep... you updated every step of the way & will work hard to get you a positive outcome for your case. Thank you for all your help!read more
Conrad Taupert
Conrad Taupert
15:08 28 May 20
Elena Ryland was compassionate and empathetic. She immediately validated my emotions and calmed me down.I found her to... be extremely motivated. She got all my charges dropped. I highly recommend more
classified666 .
classified666 .
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I Had an accident right before Christmas last year an ended up getting a handful of criminal charges. Michael an his... team worked hard an got all charges dropped including an impaired. I’m thankful for his effort an would highly recommend!read more
Mark Paolo Ramos
Mark Paolo Ramos
16:23 04 May 20
After months of dealing with Crystal Mcgraw, Ryan P and Amie I have nothing but utmost respect for their... professionalism and hardwork. I was dismissed from my case and now can breathe normally as I can get my life back to normal. I would definitely recommend these folks to take care of your cases and you will be satisfied with the work that they will put into your more
Kevin Murphy
Kevin Murphy
00:35 24 Apr 20
Thanks to Ryan for doing a great job, and for providing a sense of support and professionalism. My charge was stayed,... which is about the best result I could have hoped for, and better than I expected. Thanks to Crystal as well for everything she did, and for delivering me only good news, and to Amie for the communications she provided. All around very happy with everything, hopefully I never require their services again. 😉read more
Craig Stange
Craig Stange
15:35 23 Apr 20
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Daniel Araia
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David Prosser
14:42 08 Mar 20
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Haifaa Rofail
23:06 05 Mar 20
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Josh Hawryluk
Josh Hawryluk
01:24 27 Feb 20
Very satisfied of the service I received getting off my charge. Looking for a criminal lawyer? Theses are the guys, I... did not have to appear in court, I only had to make one visit to the office, and the rest was all handled my by lawyer (Elaine). They did an awesome job for me and excellent customer service,read more
Marty Maksymetz
Marty Maksymetz
02:51 31 Jan 20
I highly recommend going with this team. From the moment that I stepped into their offices, I knew that I was in good... hands. I had the privilege of working with Elena Ryland as my attorney and I couldn't be happier. She was extremely professional and well-educated on the subject matter. She was able to negotiate a deal that favoured all parties more
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jay xu
01:06 29 Jan 20
Words cannot express my gratitude to Michael, he helped me out of a difficult situation and resolved the matter... unbelievably quick. Michael provided quick professional insight, and showed great compassion working to resolve my matter over the past year. The knowledge, experience, and compassion Michael is clearly the best in Calgary. Michael also has a vast network of grade A lawyers and recommended a fantastic criminal lawyer to help me with my case. I would highly recommend his more
18:39 11 Dec 19
I got in touch with Michael Oykhman directly based on the complexity of the legal matters I was facing. He was... incredibly professional and gave me a great deal of confidence and knowledge that it would be handled to his best efforts. The results were exactly that, the best desired outcome and a huge weight taken off me during a dark time. I would highly recommend Michael and his team to anyone looking for the best outcome possible!read more
Jessica Rafuse
Jessica Rafuse
22:50 15 Nov 19
I was first able to speak to Michael Oykhman himself and felt understood and confident that his staff would take care... of my legal matters. I am happy to report that not only have my matters been resolved but they were exactly in line with my desired outcome. I never felt like I had to compromise my position regarding the events that lead to needing legal services. While my initial junior associate couldn't oversee my file to completion, my gratitude goes to Greg Janzen who took on my case midway through and advocated for me and saw my charges withdrawn in a timely matter. Greg went the extra mile to show up for my appearances even when they were outside the initial legal matter at hand, which surprised me and made my life so much easier. I was out of province for 5 months of the year and thanks to Greg was able to focus on my priorities instead of being limited and interrupted. If your considering a lawyer or in doubt about the value of legal services, do yourself a favor and consult this firm. While there are many names to consider, if you find yourself needing criminal defense lawyers, I am so thankful I made the decision to have this firm represent me.They have been supportive, understanding and expedient. I also saved money and appreciated that I wasn't hit with hidden fees and wasn't footing a bill that was inflated or unwarranted. You definitely get great value! I also super appreciated the face time and timely communication at each turn. Not only were my charges withdrawn but so too were my fingerprints and photos with police destroyed so it's like nothing ever happened. A dream come true. Excellent customer service from start to finish on top of the legal support! Thank-you all so much, and while I hope not to need you in the future, I know I will be in good hands and will refer anyone in similar circumstances to your firm in the future. Cheers!read more
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