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Homicide

Facing Homicide Charges in Ohio? Call LHA for a Free Consultation: (614) 500-3836.

There are a number of homicide offenses. Below are a listing of homicide offenses and more information on each.

Reckless homicide
To be charged with reckless homicide, a person must have engaged in significantly risky behavior that resulted in someone else’s (or their unborn child’s) death. An example would be shooting someone while intoxicated.
Negligent homicide
Negligent homicide under ORC §2903.05 requires negligently causing death or unlawfully terminating another’s pregnancy by means of a deadly weapon or dangerous ordnance. Criminal negligence requires a substantial lapse from due care; ordinary oversight alone does not establish all the elements of this offense.
Vehicular homicide
Under ORC §2903.06(A)(3), vehicular homicide involves causing death or unlawfully terminating another’s pregnancy negligently, or as a proximate result of a qualifying construction-zone speeding offense, while operating or participating in the operation of a vehicle. Criminal negligence requires a substantial lapse from due care.
Aggravated vehicular homicide
Under ORC §2903.06(A)(1) and (2), aggravated vehicular homicide involves causing death or unlawfully terminating another’s pregnancy while operating or participating in the operation of a vehicle, either as a proximate result of a qualifying OVI violation or recklessly, including a qualifying construction-zone reckless-operation offense. Flying without a license or tampering with runway markings does not, by itself, establish these elements.

There is no criminal case more sensitive or consequences more serious than when a person loses their life. 

Simply put, if you are convicted of homicide, it will be on your criminal background for the rest of your life. No matter what the circumstances were in your case, your life will never be the same. Therefore, it is critical that you give the defense of your homicide charge the highest level of importance.

A homicide attorney with the Columbus Criminal Defense team will take an aggressive and comprehensive approach when representing clients charged with homicide. First and foremost, we will figure out what mistakes the police or detectives made during their investigation, whether your arrest was lawful, if there were any problems in the collection, storage or testing of evidence and any other legal issues that can be raised on your behalf.

We do this by requesting discovery from the prosecutor and by conducting our own investigation. The discovery will generally consist of police reports, additional investigative notes, lab reports and potentially video or audio.

Our investigation will consist of going to the scene, interviewing all witnesses and potentially hiring a private detective for further investigation.  As our client, you will receive a copy of everything received from the prosecutor and our investigation for your review

Based on the legal weaknesses in the State of Ohio’s case and any other mitigating factors, we will negotiate the best possible plea available with the prosecutor for you to consider in resolving your case.

If your case cannot be resolved satisfactorily with a plea, it would then proceed to a motion hearing (a hearing where the judge issues a ruling on an evidentiary issue) or a trial to the judge or jury, depending on the circumstances.

Since 2003, the Columbus Criminal Defense team has successfully represented clients charged with criminal offenses from minor misdemeanors to first degree felonies. That extensive previous experience will enable us to better help you.

Facing Homicide Charges in Columbus? Contact our Defense Attorneys.

If you’ve been charged with any of these offenses, it’s important to know what you’re up against. If you have any questions left unanswered by this page, or if you need a competent, experienced homicide attorney to fight for you in court, please contact us at (614) 500-3836 or via email at [email protected].

Penalties

Reckless homicide
This is a felony of the third degree and carries the following penalties:

  • A prison term of nine months to three years
  • A fine of up to $10,000
Negligent homicide
This is a misdemeanor of the first degree and carries the following penalties:

  • A jail sentence of up to 180 days
    • In its place, your judge may sentence you to probation or other community control punishments
  • At most, a fine of $1,000
Vehicular homicide
Vehicular homicide is generally a first-degree misdemeanor, punishable by up to 180 days in jail and a fine of up to $1,000. The 15-day mandatory jail minimum applies to the misdemeanor construction-zone speeding offense, not every negligent-driving case. A specified license condition at the time of the offense or a qualifying prior conviction can elevate the charge to a fourth-degree felony. The ordinary license suspension is one to five years; specified prior convictions increase it.
Vehicular homicide with a qualifying license condition or prior conviction
When the conditions in ORC §2903.06(C) elevate vehicular homicide to a fourth-degree felony, the prison range is six to 18 months and the fine may be up to $5,000. The specified prior-conviction and license conditions in ORC §2903.06(E) can make prison mandatory. The license-suspension period depends on the applicable statutory conditions and prior convictions.
Aggravated vehicular homicide

OVI / DUI

OVI-related aggravated vehicular homicide is generally a second-degree felony. The conditions in ORC §2903.06(B)(2), including a specified license condition at the time of the offense or a qualifying conviction within the preceding 20 years, can make it a first-degree felony. A mandatory prison term and lifetime driver’s-license suspension apply. For offenses committed on or after March 22, 2019, the ordinary F2 prison term has a court-selected minimum of two to eight years and a maximum determined under ORC §2929.144; the ordinary F1 minimum is three to 11 years. Specified repeat-OVI cases have different mandatory terms under ORC §2929.142. ORC §2903.06(B)(2)(f) requires a fine of up to $25,000 notwithstanding the general felony fine limits.

Reckless operation

Recklessness-based aggravated vehicular homicide is generally a third-degree felony, with a prison range of one to five years and a fine of up to $10,000. A specified license condition at the time of the offense or a qualifying prior conviction can elevate it to a second-degree felony. For an F2 offense committed on or after March 22, 2019, the ordinary prison term is indefinite, with a court-selected minimum of two to eight years and a maximum determined under ORC §2929.144; the fine may be up to $15,000. The statutory conditions determine whether prison is mandatory. A license suspension of three years to life applies, with a lifetime suspension required for specified prior traffic-related convictions.

Frequently Asked Questions

How is murder different from homicide?
Homicide is the broader category of offenses involving a death. Ohio murder under ORC §2903.02 includes purposely causing death or death proximately resulting from a qualifying violent felony. Prior planning is not an element of every murder charge.

Resources

For over a decade, the Columbus criminal defense attorneys at LHA have successfully represented clients on criminal offenses ranging from minor misdemeanors to first-degree felonies. That extensive previous experience will enable us to better help you.

Talk to a Columbus Criminal Defense Attorney Today

If you have any questions about the material or if you need an experienced, competent attorney, call the Columbus criminal defense lawyers at Luftman, Heck & Associates at (614) 500-3836.

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