Kay Mahoney Koustov Law

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Murder Culpable Homicide Defense

First Degree • Second Degree & Manslaughter Defence Lawyers in Calgary

As a defence lawyers and former Crown prosecutors on numerous homicide cases in Alberta, we have the unique skill set and expertise to provide you with the best legal direction needed to effectively navigate the perils of the criminal justice system with regards to the above offences. Police, prosecutors and judges take murder and other violent crimes very seriously.  We will defend your charges utilizing our knowledge of the law, while protecting and preserving all your rights.

A first degree murder conviction results in a life sentence with no parole for 25 years.  First degree murder is premeditated.

A second degree murder conviction results in a life sentence with no parole for 10 years.  It should be noted that a second degree murder conviction can be a life sentence with no parole for 25 years. Second degree murder lacks the preparation and deliberation that a first degree murder charge requires.

Manslaughter Charges

With regards to manslaughter, this carries no minimum sentence. Manslaughter when committed with a firearm, carries a minimum sentence of four years in prison.

Manslaughter is committed without intent, while there may have been a purpose to cause harm. There are two general categories of manslaughter:

  • Manslaughter by means of unlawful act – when an individual commits a crime that unintentionally results in the death of another individual.
  • Negligent homicide —the homicide was the result of an act or a failure to act that showed malicious or reckless disregard for the lives of others.

Infanticide Offence

A female individual commits infanticide when by a deliberate act or omission results in the death of her newborn child, if at the time of the act or omission she is not completely recovered from giving birth to her child and by reason thereof or of the effect of lactation consequent on the birth of the child her mind is then disturbed.

Culpable Homicide & Non-Culpable Homicide

Culpable homicide is murder or manslaughter or infanticide. Homicide that is not culpable is not an offence.  With Non-culpable homicide the defendant is not held legally accountable where death is caused by an act of self-defense.


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