Murder is the most widely recognized, serious charge in the United States. Though technically punishable by the death, the penalty for murder is typically a life in prison, often without the possibility of parole. And while many books have been written glamorizing falsely accused suspects, the reality is that being accused of murder is terrifying, confusing and infuriating.
Cincinnati Lawyer for Murder Charges
If you or a loved one have been charged, or asked to speak to the police regarding murder, you need to contact an experienced attorney immediately, especially if you were close to the victim. Even if you are not the prime suspect, it is still a good practice to consult with a lawyer before “coming down to the station” to “clear a few things up.” If you do choose to speak with law enforcement, know that you may, at any time, stop answering their questions and leave. If you cannot leave, you can, and should, ask for your lawyer.
The Wieczorek Law Firm, LLC is led by a former Ohio prosecuting attorney with over 16 years of experience in criminal defense, including sexual crimes. Mark Wieczorek serves Hamilton County, including the major Cincinnati metropolitan area.
Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our online contact form.
Overview of Murder Charges in Ohio
- Murder under Ohio Law
- Aggravated Murder
- Federal Murder Charges
- Penalties for Murder and Aggravated Murder
- Murder as a Minor
- Defenses
- Hire an Attorney for Murder Charges in Hamilton County, OH
Murder under Ohio Law
While the federal government does include a charge for murder, it is typically up to each state to define what constitutes murder, including the required circumstances and how premeditation modifies the charge. The penalties for murder are also decided by the state. Murder is first-degree felony with specific penalties.
Ohio Revised Statutes Sec. 2903.02:
- No person shall purposely cause the death of another or the unlawful termination of another’s pregnancy.
In addition, causing another person to die as a result of committing (or attempting to commit) a violent first- or second-degree felony is considered murder.
Aggravated Murder
Aggravated murder, also known as pre-meditated murder, refers to murder of a person under certain circumstances:
(A) No person shall purposely, and with prior calculation and design, cause the death of another or the unlawful termination of another’s pregnancy.
(B) No person shall purposely cause the death of another or the unlawful termination of another’s pregnancy while committing or attempting to commit, or while fleeing immediately after committing or attempting to commit, kidnapping, rape, aggravated arson, arson, aggravated robbery, robbery, aggravated burglary, burglary, trespass in a habitation when a person is present or likely to be present, terrorism, or escape.
(C) No person shall purposely cause the death of another who is under thirteen years of age at the time of the commission of the offense.
(D) No person who is under detention as a result of having been found guilty of or having pleaded guilty to a felony or who breaks that detention shall purposely cause the death of another.
(E) No person shall purposely cause the death of a law enforcement officer whom the offender knows or has reasonable cause to know is a law enforcement officer when either of the following applies:
(1) The victim, at the time of the commission of the offense, is engaged in the victim’s duties.
(2) It is the offender’s specific purpose to kill a law enforcement officer.
(F) No person shall purposely cause the death of a first responder or military member whom the offender knows or has reasonable cause to know is a first responder or military member when it is the offender’s specific purpose to kill a first responder or military member.
Aggravated murder is always punished by either life in prison or death.
Federal Murder Charges
If you are accused of murdering a person who is/was:
- A federal judge or federal law enforcement official (FBI Agent, magistrate, etc)
- An immediate family member of a federal law enforcement official
- An elected federal official like a member of congress or the president
Or, when the murder takes place:
- During a bank robbery
- In international waters
- On federal property
- In order to influence a court case
If the case does not meet any of the above criteria, it will be tried as a state crime.
Penalties for Murder and Aggravated Murder
Aggravated Murder
- Life or the death penalty
- Up to a $25,000 fine
- No parole
Murder
- 15 year – life in prison
- Up to a $15,000 fine
- The possibility of parole
Murder of a Child of Less then 13 years of Age
If the victim was younger than 13 years old, and the crime was sexual in nature, then the following penalties apply:
- 30 years – life in prison
- Possibility of Parole
Murder Driven by Sexual Motivation as a Sexually Violent Predator
If the victim is killed by a person labeled as a sexually violent predator, and the crime is determined to be sexually motivated, then the offender will face life in prison.
However, if the offender was younger than 18 years old, then the court may impose a sentence of:
- 30 years to Life in prison
Motor Vehicles
In the case of vehicular homicide, the offender will receive a class two suspension of their license, of any type.
Murder as a Minor
If the offender is under 18 at the time of the murder, they may face lighter sentencing. They are guaranteed greater options for parole. Assuming none of the offender’s offenses are for aggravated homicide, and that they were younger than 18 at the time of the murder, the offender is eligible for parole after:
- 25 years in prison
- 30 years in prison if the offender has 2 or more offenses
Minors are not provided parole for aggravated homicide offenses.
Defenses
Murder cases are difficult to defend. If you have been formally charged, then the District Attorney’s office believes it has a very good case against you. However, just because you’ve been charged with murder does not mean that you will be convicted.
Murder cases focus on three main points:
- Motivation
- Method
- Evidence
It is extremely unlikely that a court would find someone guilty of murder without hard evidence. The bottom line is that prosecutors need to be able to place you at the scene of the crime, at the time of the crime, and generally with a reason to commit the crime.
- Alibi: Assuming that the supposed murder is not the result of poisoning, the court will need to prove that you were present at the time of the murder. The best defense is to not have been there. Your lawyer will help you retrace your steps for the day of the death and help you establish a clear, consistent narrative.
- Physical Evidence: Evidence like fingerprints, blood, hair, bruises, and other forensic evidence typically mean little depending on the circumstances. However, if you did not know the victim well, this evidence can be difficult to explain. Your attorney will seek to block physical and digital evidence that is irrelevant to your case.
- Motivation: While not necessary for a murder conviction, the prosecution will look to build a narrative that shows you had a reason to want to kill the victim. Your attorney may show the court that you did not have reason to kill the victim. However, motivation must be tied to evidence.
Hire an Attorney for Murder Charges in Hamilton County, OH
The Wieczorek Law Firm, LLC is led by a former Ohio prosecuting attorney with over 16 years of experience in criminal defense, including violent crimes. Mark Wieczorek serves Hamilton County, including the major Cincinnati metropolitan area.
Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our online contact form.