Manslaughter, Homicide

MANSLAUGHTER, HOMICIDE AGGRAVATED VEHICULAR HOMICIDE
and other conduct which causes the death of a person.

Death of a “victim” where the accused has NOT engaged in purposeful planning or prior calculation or premeditation - in the State of Ohio dues not fall under the definition of Murder.

If you are charged with VOLUNTARY MANSLAUGHTER, INVOLUNTARY MANSLALUGHTER, HOMICIDE or similar charges, or you believe that you will be charged with these types of offense in the immediate future, getting answers about your case is absolutely critical. The best way for a person with a pending case, where someone has died, to get all the information and answers they need is to contact the office of an EXPERIENCED TRIAL ATTORNEY. Attorney Gaba has successfully taken cases where one or more victims have died. She has experience. She has stood in front of a jury and argued cases of this type.

PENALTY FOR MANSLAUGHTER, HOMICIDE AND SIMILAR CHARGES

Section 2929.11 et. seq. of the Ohio Revised Code (O.R.C.) sets out the penalties for these types of criminal charges. The range of penalties runs from (a first degree felony) i.e. voluntary manslaughter, three to ten years, involuntary manslaughter, three to ten years, reckless homicide (a third degree felony) one to five years, negligent homicide (a first degree misdemeanor) i.e. not more than six months.

The chart that sets out the exact penalties are complex. There are many exceptions built in to the general rules. Make an appointment with Attorney Gaba and she will sit down with you and give you an exact answer.

Here is a list of other charges that an accused person may have brought against them (other than Aggravated Murder and Murder) in a circumstance where a victim has died:

A. Voluntary Manslaughter

B. Involuntary Manslaughter

C. Reckless Homicide

D. Negligent Homicide

E. Aggravated Vehicular homicide

F. Aggravated Vehicular Assault

2903.03

2903.04

2903.04.1

2903.05

2903.06

2903.08

Just as Aggravated Murder and Murder have their own strict definition, each of the above listed crimes (A through F above) has its own specific definition. In order for a person who has been accused after the death of a person, to know if he has been charged correctly, it is necessary for the EXACT FACTS to be analyzed and discussed with an attorney who has experience in representing defendants in these types of cases.

DEFENDING A CRIMINAL CASE WHERE THE VICTIM DIES

It is fair and accurate to say that there exists as many valid criminal defenses to the charge of murder, (or other crimes listed above) as there are definition and categories of criminal deaths. Each O.R.C. 2903 definition is made up of individual parts, (called elements). The elements have over the years acquired their own particular meaning and definition. Each major part of a definition of a criminal charge is as important as every other part. No criminal element piece or part can be overlooked. Like the largest and most complex jig-saw-puzzle, all pieces, even the smallest pieces must be present for the full picture to emerge. Each criminal element must be present for a conviction to be valid. Stated another way: If any element to a crime is not present - there can be no valid conviction.

A prosecutor in a criminal case must mandatory establish his case to the level called “beyond a reasonable doubt”. If the prosecutor does not meet this legal burden he has lost his case and the accused person has won.

Where the definition of a criminal offense used the word, “knowingly” or “negligently” or “recklessly” the prosecutor must also establish these states of mind beyond a reasonable doubt. The prosecutor can not “work backwards” to meet a definitional standard. Because there was the death of a person, the prosecutor CAN NOT therefore presume recklessness or negligence must have existed on that occasion.

The defense attorney and the client must work together as a team. The teamwork starts when the accused person contacts trial attorney Elizabeth Gaba to set up an appointment.

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