Attempted Murder Lawyers Toronto

Written by Daniel Brown

Etching of three blank orange evidence marker tents on paving stones beside a spent cartridge casing and a folding knife, on white paper

Attempted murder means trying, by any means, to kill another person, under section 239 of the Criminal Code. The Crown must prove a specific intent to kill: an intent to injure, even seriously, is not enough. It carries a maximum of life imprisonment, and a mandatory minimum of four to seven years where a firearm is used. Our lawyers defend attempted murder charges in Toronto and across the GTA.

Defending attempted murder charges in Ontario

Attempted murder is one of the most serious charges in the Criminal Code. It carries the same maximum sentence as murder, and the Crown often seeks a long penitentiary term even where no one was badly hurt.

Most attempted murder cases turn on one question: what the accused meant to do. Shootings, stabbings, and fights that end in serious injury are often charged as attempted murder, but the Crown must prove that the accused actually intended to kill. Where it cannot, the case can end in an acquittal or a conviction for a less serious offence such as aggravated assault.

Daniel Brown Law defends violent offence charges across the Greater Toronto Area and Ontario, including Toronto, Newmarket, Oshawa, Brampton, and Milton. Daniel Brown Law is recognized among Canada’s top criminal defence firms — see our recognition below.

If you or someone you know has been charged with attempted murder, contact our office immediately at (416) 297-7200.

Call 416-297-7200
See the defences
The charge
Criminal Code s. 239Attempt to commit murder
Crown must prove
An intent to killAnd a step beyond mere preparation
Maximum sentence
LifeIndictable only
Mandatory minimum
4 to 7 yearsWhere a firearm is used; otherwise none

What counts as attempted murder?

Attempted murder is defined by intent. The same act, such as a stabbing or a shot fired, can be attempted murder or a lesser assault charge depending on what the accused meant to do.

Sections 24 and 239 of the Criminal Code. Whether an act goes beyond mere preparation is a question of law for the judge.

What the Crown must prove

A specific intent to kill

The accused meant to kill the person. An intent to cause bodily harm, or harm the accused knew was likely to cause death, is not enough. This is the highest level of intent in the criminal law.

A step beyond mere preparation

The accused did or omitted to do something to carry out the intent to kill. Thinking about it, talking about it, or preparing for it is not yet an attempt. Where the line falls is a question of law.

By any means

The method does not matter: a firearm, a knife, a vehicle, poison, or bare hands. It is also no answer that the killing could not have succeeded in the circumstances.

Key considerations

Intent does not transfer to bystanders

Where a person meant to kill one person and, by accident or mistake, shot bystanders instead, they are not guilty of attempted murder of the injured bystanders. That is so even though it would have been murder if a bystander had died.

Parties need their own intent

A person charged as a party, for example for helping or encouraging the attempt, must have had the required state of mind themselves. Liability based on what they ought to have known is not enough.

Injury is not required

The person does not have to be hurt at all. Equally, a serious injury does not prove an intent to kill: the Crown must prove what the accused meant to do, not just what happened.

Intent is often proved by inference

Few people say they meant to kill. The Crown usually asks the court to infer intent from the weapon, the number and location of wounds or shots, what was said, and what happened before and after.

Provocation and excessive self-defence

Two rules that can reduce murder to manslaughter work differently on a charge of attempted murder.

Provocation is not a defence

Provocation can reduce murder to manslaughter, but it is not a defence to attempted murder. The events that provoked the accused still matter: anger, fear, or a sudden loss of control can raise a reasonable doubt about whether the accused meant to kill.

No “attempted manslaughter”

Using more force than self-defence allowed does not reduce the charge to a lesser form of attempt. But self-defence that meets the legal test is a complete defence, and the facts behind it often bear on intent.

Attempted murder and related charges

An attempted murder charge rarely stands alone, and the verdict is not always all or nothing.

The included offence

Where attempted murder is charged without particulars, the only included offence is an attempt to cause bodily harm. Other offences, such as aggravated assault, are usually laid as separate counts.

One conviction, not two

An accused cannot be convicted of both attempted murder and aggravated assault for the same act. Where both are proved, one conviction is entered and the other is stayed.

A murder charge can end in attempted murder

On a murder charge, where there is a reasonable doubt that the accused’s act caused the death, the jury can convict of attempted murder if an intent to kill is proved. In most murder cases causation is not in dispute, and the jury is not told about this option.

An attempt even if the full offence is proved

Where only an attempt is charged, the accused can still be convicted of the attempt even if the evidence shows the full offence was committed.

Firearm charges alongside

Where a gun is involved, attempted murder is often charged together with discharging a firearm with intent, using a firearm, and possession offences.

What are the best defences to attempted murder?

Each defence answers a different part of the Crown’s case.

Etching of a magnifying glass on a clipboard of hospital chart forms beside a chest X-ray, on white paper

There was no intent to kill

Attacks: the intent

The most common defence. Anger, panic, provocation, intoxication, and the speed of events can all leave a reasonable doubt about whether the accused meant to kill, even where someone was badly hurt.

You acted in self-defence

Attacks: the lawfulness of the act

Force used to defend yourself or someone else against force or a threat of force is not a crime if it was reasonable in the circumstances. Once the defence is raised, the Crown must disprove it beyond a reasonable doubt.

You were not the person involved

Attacks: identity

Many attempted murder cases rely on eyewitnesses, surveillance video, phone records, and forensic evidence. Eyewitness identification of a stranger is notoriously unreliable, and the Crown must prove who did it.

It never went beyond preparation

Attacks: the act

Where the case rests on plans, messages, or preparations, the question is whether the accused actually took a step toward killing. Preparation alone is not an attempt.

You were not a party to it

Attacks: party liability

Being present, or being with the person who acted, does not make someone a party. The Crown must prove that you helped or encouraged the attempt, and that you had the intent to kill yourself.

The evidence was obtained unlawfully

Attacks: the evidence itself

Charter rights breaches: excluding searches of homes, cars, and phones done without proper authorization, unlawful arrests, or a statement taken without access to a lawyer.

Do not give the police a statement before you get legal advice. You are not required to, and what you say can be used against you — including an explanation of what you meant to do.

What is the sentence for attempted murder in Canada?

Attempted murder carries a maximum of life imprisonment. Where a firearm is used, the mandatory minimum is four years, rising to five or seven years in the most serious firearm cases.

Charge Maximum Mandatory minimum
Attempted murder with a restricted or prohibited firearm, or with any firearm for a criminal organization: first offences. 239(1)(a)(i) Life 5 years
The same, second or subsequent offences. 239(1)(a)(ii) Life 7 years
Attempted murder with any other firearms. 239(1)(a.1) Life 4 years
Attempted murder, all other casess. 239(1)(b) Life None

Attempted murder is an indictable offence only: the Crown cannot proceed summarily. A second or subsequent offence means an earlier conviction for attempted murder; using a firearm or imitation firearm in an offence; discharging a firearm with intent or recklessly; or, where a firearm was used, criminal negligence causing death, manslaughter, sexual assault with a weapon, aggravated sexual assault, kidnapping, hostage taking, robbery, or extortion. An earlier conviction does not count if 10 years have passed between it and the new conviction, not counting time in custody. Only the order of the convictions matters, not the order in which the offences were committed.

Since July 18, 2026, the judge must impose a shorter jail term than the minimum where the minimum would be cruel and unusual punishment for that offender. The sentence must still be jail, and the judge must give reasons. A conditional sentence served in the community is never available for attempted murder. Sentences turn on the facts: the weapon, the injuries, planning, the accused’s background, and their prospects for rehabilitation all matter.

Consequences of an attempted murder conviction

An attempted murder conviction goes far beyond jail time. Collateral consequences can include:

  • A mandatory weapons prohibition: at least 10 years after release for most firearms and ammunition, and for life for prohibited and restricted firearms and weapons
  • Job loss and disqualification from certain professions
  • Immigration problems, including possible deportation for non-citizens
  • Denial of entry into the United States and other countries
  • A criminal record stored in the national CPIC database

For more on collateral impacts, see our page on the immigration consequences of a criminal charge.

Why choose Daniel Brown Law for your attempted murder case?

An attempted murder conviction can mean a penitentiary sentence measured in years. The lawyer hired in the first 48 hours often shapes the entire case — the bail hearing, the forensic and medical evidence, and whether the Crown can prove an intent to kill.

A nationally recognized defence firm

Daniel Brown Law is consistently recognized as one of Canada’s leading criminal defence firms. Canadian Lawyer ranks it among Canada’s top criminal law boutiques, The Globe and Mail names it one of Canada’s Best Law Firms, Best Law Firms ranks it Tier 1 for criminal defence, and Toronto Star readers have repeatedly voted it Best Law Firm.

Experience in the most serious cases

Our lawyers have successfully defended clients charged with murder, manslaughter, and attempted murder, from the first bail hearing through contested jury trials to appeals at the Court of Appeal for Ontario.

Intent is where these cases are won

Most attempted murder cases turn on what the accused meant to do. We build the defence around the evidence that bears on intent, from the sequence of events to the nature of the injuries.

Forensic and medical evidence, examined closely

Attempted murder cases turn on medical records, wound and firearms evidence, DNA, surveillance video, and phone data. We test how that evidence was gathered and what it really shows, with experts where needed.

Trial and appellate capability under one roof

Mandatory minimums and long sentences make attempted murder cases strong candidates for appeal. Our lawyers handle both stages, so the trial record is built with appellate review in mind. Read more about our criminal appeals practice.

Across the GTA and Ontario

We appear regularly in Toronto, Newmarket, Oshawa, Brampton, Milton, Hamilton, and Barrie courthouses, and travel to other Ontario courts as a case requires.

Recognized by the profession and the public

Daniel Brown Law is named one of Canada’s Best Law Firms by The Globe and Mail, ranked among Canada’s top criminal law boutiques by Canadian Lawyer, ranked Tier 1 for criminal defence by Best Law Firms, and voted Best Law Firm by Toronto Star readers. Five of its lawyers are recognized by Best Lawyers in Canada for criminal defence.

The Globe and Mail Best Law Firms 2026, Criminal Law

Best Law Firms: Criminal Law

The Globe and Mail, 2026

Canadian Lawyer Top Criminal Law Boutique 2026-27

Top Criminal Law Boutique

Canadian Lawyer, 2026–27

Best Law Firms Canada, Criminal Defence Tier 1, 2026

Criminal Defence, Tier 1

Best Law Firms Canada, 2026

Best Lawyers in Canada 2027, Daniel Brown Law

Best Lawyers in Canada

Criminal Defence, 2027

Chambers Canada 2027, Ranked in Canada, Daniel Brown Law

Crime, Nationwide

Chambers Canada, 2027

Toronto Star Readers' Choice winner seal

Toronto Star Readers’ Choice

Best Law Firm and Best Legal Services, repeat winner

Daniel Brown Law is consistently recognized as one of Canada's leading criminal defence firms.

What happens after an attempted murder charge?

The first weeks after an attempted murder charge, and the bail hearing in particular, often shape the whole case.

  1. Arrest and the bail hearing

    Attempted murder bail hearings can be heard in the Ontario Court of Justice. Where a firearm is alleged, the accused must show why they should be released. We prepare a release plan and sureties that answer the Crown’s concerns.

  2. Disclosure

    Attempted murder cases come with medical records, forensic reports, surveillance video, phone records, and witness statements. We review all of it, and ask for what is missing.

  3. Election and preliminary inquiry

    The accused chooses the court and whether to be tried by a judge alone or a jury. A preliminary inquiry, held in the Ontario Court of Justice, can test the Crown’s witnesses before trial.

  4. Charter applications and resolution

    We challenge unlawful searches, arrests, and statements. Some cases resolve without a trial: charges withdrawn, or a plea to a less serious offence with no mandatory minimum.

  5. Trial, and appeal if needed

    At trial the Crown must prove every element beyond a reasonable doubt, including an intent to kill. A conviction or sentence can be appealed.

Frequently asked questions about attempted murder charges

Plain answers to the questions people ask most after an attempted murder charge.

The offence

What is attempted murder?

Under section 239 of the Criminal Code, it is an offence to attempt by any means to commit murder. The Crown must prove that the accused intended to kill and did something beyond mere preparation to carry out that intent.

What does the Crown have to prove?

Two things: a specific intent to kill, and an act or omission that goes beyond mere preparation to carry out that intent. It does not matter whether the killing could actually have succeeded.

Is an intent to seriously hurt someone enough?

No. Attempted murder requires an intent to kill. An intent to cause bodily harm, or harm the accused knew was likely to cause death, may support other charges, but not attempted murder.

Does someone have to be injured?

No. A person can be convicted of attempted murder even if no one was hurt. A serious injury, on the other hand, does not by itself prove an intent to kill.

What if I hit a bystander instead of the person I was aiming at?

Intent to kill does not transfer for attempted murder. A person who meant to kill one person and accidentally injured bystanders is not guilty of attempted murder of those bystanders, although other charges can apply.

Defences

Is provocation a defence to attempted murder?

No. Provocation can reduce murder to manslaughter, but it is not a defence to attempted murder. The provoking events can still raise a reasonable doubt about whether the accused intended to kill.

Can self-defence apply to an attempted murder charge?

Yes. Reasonable force used to defend yourself or someone else is a complete defence. Force beyond what was reasonable does not reduce the charge to a lesser form of attempt, but the circumstances can bear on intent.

Can I be convicted if someone else did the shooting or stabbing?

Only if the Crown proves you were a party: that you helped or encouraged the attempt, and that you had the intent to kill yourself. Being present is not enough.

Sentencing and consequences

What is the sentence for attempted murder?

The maximum is life imprisonment. Where a firearm is used, the minimum is four years; five years for a first offence and seven for a repeat offence where the firearm is restricted or prohibited or the offence is committed for a criminal organization. Without a firearm, there is no minimum.

Can I get house arrest for attempted murder?

No. A conditional sentence served in the community is not available for attempted murder.

Can the judge go below the mandatory minimum?

Since July 18, 2026, the judge must impose a shorter jail term where the minimum would be cruel and unusual punishment for that offender. The sentence must still be jail.

Will I lose the right to own firearms?

Yes. A conviction brings a mandatory weapons prohibition of at least 10 years after release for most firearms and ammunition, and a lifetime ban on prohibited and restricted firearms and weapons.

Court process and related charges

Can I get bail on an attempted murder charge?

Yes. Unlike murder, attempted murder bail can be decided in the Ontario Court of Justice. Where a firearm is alleged, the accused must show why they should be released. Learn more about the bail hearing.

Will my attempted murder case be tried by a jury?

It can be. The accused chooses whether to be tried in the Ontario Court of Justice by a judge alone, or in the Superior Court by a judge alone or a judge and jury. A preliminary inquiry is available, and it is held in the Ontario Court of Justice.

Can I be convicted of attempted murder and aggravated assault for the same act?

No. Where both are proved for the same act, only one conviction is entered and the other is stayed.

Can a murder charge end in an attempted murder conviction?

Yes, where there is a reasonable doubt about whether the accused’s act caused the death but an intent to kill is proved. For more on homicide charges, see our page on murder and manslaughter charges.

Charges we defend

Learn more about some of the charges we defend. We also defend charges not listed here.

Charged with attempted murder? Speak with Daniel Brown Law

Call Daniel Brown Law at (416) 297-7200 for a confidential consultation. We appear in courts across the GTA and Ontario.

Call 416-297-7200
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