Involuntary manslaughter is a significant criminal charge involving the unintentional death of another person due to unlawful actions. In Ohio, involuntary manslaughter is covered by Section 2903.04 of the Ohio Revised Code (ORC) and is classified as a felony. The penalties vary based on the type of offense that caused the death.
Cincinnati Lawyer for Involuntary Manslaughter in Hamilton County
Whether the result of an accident or a consequence of your line of work, being charged with involuntary manslaughter can add significant trauma to what is already a difficult situation. If you or a loved one is facing an involuntary manslaughter charge, contacting an experienced criminal defense attorney immediately is crucial.
You can schedule a call with a Cincinnati criminal defense lawyer for a free case review with The Wieczorek Law Firm by calling (513) 317-5987 or filling out an online contact form. The Wieczorek Law Firm serves the Cincinnati area, including nearby cities and counties.
Overview of Involuntary Manslaughter Laws in Ohio
- Definition of Involuntary Manslaughter Under Ohio Law
- Defenses Against Involuntary Manslaughter Charges
- Additional Resources
Definition of Involuntary Manslaughter Under Ohio Law
Involuntary manslaughter occurs when someone causes the death of another person or an unborn child while committing or attempting to commit a criminal act.
(A) No person shall cause the death of another or the unlawful termination of another’s pregnancy as a proximate result of the offender’s committing or attempting to commit a felony.
(B) No person shall cause the death of another or the unlawful termination of another’s pregnancy as a proximate result of the offender’s committing or attempting to commit a misdemeanor of any degree, a regulatory offense, or a minor misdemeanor other than a violation of any section contained in Title XLV of the Revised Code that is a minor misdemeanor and other than a violation of an ordinance of a municipal corporation that, regardless of the penalty set by ordinance for the violation, is substantially equivalent to any section contained in Title XLV of the Revised Code that is a minor misdemeanor.
These two sections can be broken down as follows:
- Felony Involuntary Manslaughter: The death happens during the commission of a felony, such as drug trafficking, armed robbery, or a felony DUI.
- Misdemeanor Involuntary Manslaughter: The death results from a misdemeanor like criminal negligence or a regulatory offense, like reckless driving or public intoxication.
Penalties for Involuntary Manslaughter in Ohio
Penalties for involuntary manslaughter in Ohio depend on the severity of the underlying offense:
- First-Degree Felony (Felony Involuntary Manslaughter):
- Prison Sentence: 3 to 11 years.
- Fines: Up to $20,000.
- Third-Degree Felony (Misdemeanor Involuntary Manslaughter):
- Prison Sentence: 9 months to 3 years.
- Fines: Up to $10,000.
Defenses Against Involuntary Manslaughter Charges
The majority of involuntary manslaughter cases boil down to one question: could you have prevented the death?
The most critical aspect of your defense is to establish that:
- The death caused as a result of an accident
- That accident was one that a reasonable person could not have foreseen
- You ultimately did not commit the crime that caused the accident. Alternatively, you committed the action, but that action was not a crime.
Some examples that (generally) meet these criteria are:
- A car accident where the other driver was at fault: If this accident occurs as a result of the other driver, it is unlikely that you will be charged with involuntary manslaughter. If, however, you were driving recklessly, you may still be charged even if the other driver was at fault. This is because you may have been able to prevent the accident if you drove responsibly.
- Self-defense: If you shoot another person in legitimate self-defense, you have a case to avoid involuntary (and voluntary) manslaughter charges. This defense assumes that you made the appropriate attempts to help the other person, including calling 911, helping to stop bleeding, and so on.
- Medical exception: If, as a nurse or at-home caretaker, you follow the doctor’s instructions perfectly, but somehow provide an overdose of some medicine to the patient, you *may* not be held liable. Any reasonable person would follow the doctor’s instructions.
Loss of Licensing
One of the most common non-criminal punishments for involuntary manslaughter is the loss of professional licenses. If you are a nurse or doctor, you may have your license revoked, and if you are convicted as the result of an accident, you may have your driver’s license revoked or suspended.
Additional Resources
Ohio Revised Code Section 2903.04 – This statute defines involuntary manslaughter in Ohio, detailing the legal parameters and associated penalties for causing death as a result of committing or attempting to commit a felony or misdemeanor.
Hire a Lawyer for Involuntary Manslaughter Defense in Hamilton County, Ohio
Facing an involuntary manslaughter charge can be overwhelming, but an experienced defense attorney can make all the difference. These cases are often complex and require a thorough investigation and a solid understanding of Ohio law.
Schedule a call with a Cincinnati criminal defense lawyer for a free case review with The Wieczorek Law Firm by calling (513) 317-5987 or completing an online contact form. The Wieczorek Law Firm serves Cincinnati and the surrounding areas, including Hamilton County.