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An attempted murder charge carries a possible maximum of life imprisonment, the same maximum as murder itself, even though the complainant survived. The Crown's case typically rests on proving a specific intent to kill, which is a higher bar than in most violent offences, and that bar is where a carefully built defence has the most room to work.
Igor Vilkhov, founder of Vilkhov Law, is licensed by the Law Society of Ontario, and personally handles attempted murder cases from the first court appearance through trial. He is joined by Benson Wilson, Criminal Defence Lawyer at Vilkhov Law, in reviewing disclosure, retaining forensic experts, and building trial strategy.
Attempted murder cases almost always come down to one question: can the Crown prove an actual intent to kill, as opposed to an intent to harm or plain recklessness? That distinction is narrower than people expect, and it's where we focus from the first day of the file — the injuries, the words used, the weapon, and whether the evidence really supports a specific intent to kill rather than something less.
— Igor Vilkhov, Founder, Vilkhov LawAttempted murder is charged under section 239 of the Criminal Code. The Crown must prove that you took a step beyond mere preparation with a specific, subjective intent to kill the complainant. Unlike murder, an intent to cause bodily harm you knew was likely to cause death — the secondary form of intent available under section 229(a)(ii) — is not enough for an attempted murder conviction; only a direct intent to kill will do. The leading authority on this point is R. v. Ancio, [1984] 1 SCR 225, where the Supreme Court of Canada confirmed that nothing less than a specific intent to kill will support the charge.
Intent is often established through the nature of the injuries (for example, a gunshot wound to the head or a stab wound to the chest), the accused's own statements or threats to kill, or evidence of hiring someone to carry out a killing. Firing a weapon into a crowd, or driving a vehicle into a group of people, can also support the elements of attempted murder depending on the surrounding evidence.
One important distinction from murder: the doctrine of transferred intent does not apply to attempted murder. If you intended to kill one person but, by accident, only injured a bystander, you cannot be convicted of the attempted murder of that bystander — even though you could have been convicted of murder had the bystander died. Guilt must be assessed separately for each person actually targeted.
An attempt is a step further than preparation. The charge only applies once preparation is complete and the accused has actually begun to carry out acts intended to kill the complainant. Where the evidence shows only planning or preparatory steps that were abandoned or interrupted before that point, the charge may not be made out.
Police and the Crown typically conduct an extensive investigation in attempted murder cases: surveillance footage, seizure and forensic evaluation of any weapon used, medical documentation of the complainant's injuries, and interviews with multiple witnesses. Disclosure can run to thousands of pages of transcripts, recordings, and police notes.
Because the Crown must prove a specific intent to kill — not merely an intent to harm, or recklessness as to whether death results — a large part of a proper defence involves testing whether the evidence the Crown relies on for intent actually meets that higher bar, rather than describing a lesser offence such as aggravated assault.
At Vilkhov Law, our lawyers review the charges against you, examine the evidence, and run an independent investigation, including interviewing witnesses. Given the gravity of the charge, Igor Vilkhov personally handles attempted murder cases from beginning to end.
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The maximum sentence for attempted murder is life imprisonment. Where a firearm is involved, section 239(1) sets mandatory minimums:
Where no firearm is involved, there is no mandatory minimum, though life imprisonment remains the maximum.
Under section 239(2), certain earlier convictions count toward making a firearm offence a “second or subsequent offence” for sentencing purposes: a prior attempted murder; a prior offence involving the use of a firearm or imitation firearm in the commission of an offence, or discharging a firearm with intent or recklessly (sections 85, 244, 244.2); and prior convictions for criminal negligence causing death, manslaughter, sexual assault with a weapon, threats to a third party, or causing bodily harm, aggravated sexual assault, kidnapping, hostage taking, robbery, or extortion — but only where a firearm was used in the commission of that earlier offence. An earlier conviction is not counted if 10 years have passed between that conviction and the current one, excluding time in custody.
Since July 18, 2026, the Protecting Victims Act (Bill C-16) added a narrow judicial safety valve under new section 718.4: a judge may impose a sentence below a mandatory minimum — including the firearm minimums above — only where applying it would amount to cruel and unusual punishment for that specific offender under section 12 of the Charter. The safety valve does not apply where the mandatory minimum itself is life imprisonment (as with murder), but it can apply to the 4, 5, and 7-year firearm minimums under section 239.
No two cases are the same, and the right strategy depends entirely on the facts. Commonly available defences and strategies include:
Your lawyer will adapt these and other relevant strategies to your individual circumstances after a full review of the evidence.
When you are arrested, police must inform you of your Charter rights to remain silent and to retain a lawyer. Exercise both rights immediately, make no statements, and contact an attempted murder lawyer as soon as possible.
Given the seriousness of the charge, you will typically be held in custody pending a bail hearing, which must occur within 24 hours of arrest or as soon as possible after. Everyone has a constitutional right to reasonable bail and cannot be denied release without “just cause,” but the Crown will contest release given the gravity of an attempted murder allegation. Your lawyer will address the Crown's arguments and work to demonstrate that detention is not justified.
Where release is granted, the court will set the amount of bail and any conditions needed to ensure attendance and public safety — which can include sureties, house arrest, ankle monitoring, mandatory counselling, and no-contact orders. Retaining a lawyer early is essential to securing release on the least restrictive conditions available.
Once retained, your lawyer will request full Crown disclosure and attend Crown pre-trial (CPT) and judicial pre-trial (JPT) meetings on your behalf, sparing you from appearing in person at these stages.
You will also be asked to elect your mode of trial — judge alone in the Ontario Court of Justice, judge alone in the Superior Court of Justice, or judge and jury — and, since attempted murder carries a maximum of life imprisonment, you are entitled to request a preliminary inquiry under section 536(4) of the Criminal Code to test whether the Crown has sufficient evidence to proceed to trial. Your lawyer's guidance at this stage is important to making a strategic election.
Facing an attempted murder charge is a stressful, disruptive experience with a possible sentence of life imprisonment. Involving an experienced lawyer early can make a significant difference to the outcome. An attempted murder defence lawyer can help by:
We have provided general information about how attempted murder cases are handled, but every case needs an individual plan. For related charges, see our pages on murder and manslaughter. Contact Vilkhov Law for a free, confidential consultation about your options.
The minimum sentence for attempted murder ranges from 4 to 7 years where a firearm was used, depending on whether it is a first, second, or subsequent offence and whether a restricted or prohibited firearm was involved, as set out in section 239(1) of the Criminal Code. Where no firearm was used, there is no mandatory minimum. The maximum sentence in all cases is life imprisonment.
The Criminal Code defines attempted murder as attempting to cause the death of another person with specific intent to kill. There is no legal concept of “frustrated murder” in Canadian criminal law; the term is sometimes used informally to describe an attempt to kill where the victim survived because of medical intervention or other circumstances, but it is not a distinct charge.
The maximum sentence is life imprisonment. Where a firearm was used, the mandatory minimum ranges from 4 to 7 years depending on whether it is a first or subsequent offence and the type of firearm involved. Where no firearm was used, sentencing is entirely at the discretion of the trial judge.
Attempted murder is defined in section 239 of the Criminal Code as attempting to cause the death of a human being, by any means, with a specific intent to kill. It is a straight indictable offence, meaning it is always prosecuted as an indictable matter rather than by summary conviction.
Yes, with one narrow exception. Since July 18, 2026, the Protecting Victims Act (Bill C-16) added section 718.4 to the Criminal Code, allowing a judge to sentence below a mandatory minimum — including the 4, 5, or 7-year firearm minimums under section 239 — only where applying it would amount to cruel and unusual punishment for that specific offender under section 12 of the Charter. Outside that narrow circumstance, the mandatory minimums remain fully in force.
No. Section 232 of the Criminal Code frames provocation as a partial defence that reduces culpable homicide — an actual killing — from murder to manslaughter. Because attempted murder does not involve a death, there is no completed homicide for provocation to reduce, so the defence does not apply as such. Evidence of provocation may still be relevant more generally to whether the Crown can prove the specific intent to kill required for the charge.
Our team defends attempted murder and related violent offence charges across the GTA and Southern Ontario, including Toronto, Mississauga, Brampton, Vaughan, Markham, Scarborough, North York, Newmarket, Richmond Hill, Etobicoke, Barrie, Oshawa, Pickering, Ajax, Burlington, Oakville, Milton, Hamilton, Kitchener, Guelph, and Innisfil. Contact us today for a free, confidential consultation.
