The Sentences Resulting From First Degree Murder, Second Degree Murder And Manslaughter

In cases of second degree murder, the judge has the ability to fix the period of parole ineligibility anywhere between 10 and 25 years with recommendations from the jury, if they choose to make them. If you’re convicted of first degree murder, you automatically receive a life sentence with parole eligibility at 25 years.

There are also the “faint hope” provisions which in very rare circumstances allow somebody to apply for parole after 15 years, but that’s unusual and not a condition that’s commonly in place. But there is a potential, at least in theory, that if you receive a sentence of life imprisonment with no parole eligibility for 25 years, you can actually apply as soon as 15 years are up. The occurrence of people receiving early parole through what they called the “faint hope” provision is very rare.

Manslaughter, if it’s committed with the use of a firearm, carries a minimum sentence of 5 years. But that is the only condition for a minimum sentence for manslaughter. In other words, if you push somebody down the stairs, not meaning to cause death, but they die tragically, then you are not subject to any minimum sentence. You could receive any sentence at all, including, in theory, a suspended sentence and avoid jail altogether. There are a few examples of people charged with manslaughter who receive what’s called a conditional sentence. Technically, it’s a sentence of imprisonment but you’re permitted to serve it in the community, usually meaning a house arrest sentence. It’s rare, but there have been people who are found guilty of manslaughter and receive a house arrest sentence.

Generally speaking, juries decide whether the person is guilty or not guilty, but judges are the ones who decide the sentence if someone is found guilty by the jury. In decisions of first degree murder, there are no options, so there is no reason to get any kind of recommendation from a jury. In manslaughter, the jury’s recommendation is not sought. But in second degree murder cases, the jurors do have the power to make recommendations or state what they believe the appropriate period of parole ineligibility should be.

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If you, or someone you care about, is dealing with criminal law issues in the Toronto,Ontario Region, contact Adler Bytensky Prutschi for a consultation.