April 3, 2025 | Criminal Law
Ohio recognizes two forms of homicide that do not rise to the level of murder: voluntary and involuntary manslaughter. Even though you may not be charged with murder, involuntary manslaughter is a serious criminal charge. It is crucial that you understand the charges and the potential penalties for the conviction of involuntary manslaughter.
Overview of Involuntary Manslaughter Charges in Cincinnati, OH
Manslaughter occurs when a person kills someone without malice. Ohio Revised Code §2903.04 defines involuntary manslaughter as:
- Causing the death of someone or the unlawful termination of someone’s pregnancy as the proximate result of attempting to or committing a felony OR
- Causing the death of someone or the unlawful termination of someone’s pregnancy as the proximate result of attempting to commit a misdemeanor of any degree, regulatory offense, or a minor misdemeanor other than a violation contained in Title XLV.
Causing someone’s death while committing or attempting to commit a felony is charged as a first-degree felony. Causing someone’s death while attempting to or committing a misdemeanor is charged as a third-degree felony.
The primary difference between murder and involuntary manslaughter is that the offender did not intend to kill someone. Involuntary manslaughter often occurs because of negligent or reckless conduct.
In manslaughter cases, the prosecution must prove that the defendant’s actions led to the victim’s death. Involuntary manslaughter, specifically, occurs when the defendant’s conduct creates a substantial risk of harm to others, and the death is the direct result of reckless or negligent actions, not a simple mistake. The prosecution must show that the defendant’s behavior was grossly negligent or reckless, beyond just a minor error or oversight.
What Are the Penalties for Involuntary Manslaughter in Ohio?
The penalties for a conviction depend on whether you are charged with first-degree or third-degree involuntary manslaughter. The penalties for a first-degree involuntary manslaughter charge include three to 11 years in prison and a maximum fine of $20,000. The penalties for a third-degree felony involuntary manslaughter charge include nine months to three years in prison and a maximum fine of $10,000.
In addition to fines and prison sentences, penalties for involuntary manslaughter can include probation and restitution payment. If the underlying crime involved driving a vehicle under the influence (DUI), the sentence also includes lifetime revocation of your driving privileges.
Defenses to Charges of Involuntary Manslaughter in Cincinnati, OH
Our legal team will conduct a thorough investigation into the criminal charges against you. We will gather evidence and analyze the state’s case to determine potential defenses to the charges. Depending on the specific circumstances of your case, we may hire expert witnesses and other professionals to assist in the defense.
Potential defenses to involuntary manslaughter charges include:
Lack of Negligent or Reckless Conduct
Given the circumstances, we can use evidence to show that your actions were reasonable. We can compare your actions to those of a reasonably prudent person in the same situation.
Lack of Causation
We can attack the prosecution’s claim that your conduct directly led to the victim’s death. There must be evidence proving a clear link between your actions and the cause of the victim’s death.
Violations of Your Rights
We can examine the conduct of law enforcement officers and the prosecution to determine if they violated your constitutional rights. If so, the evidence gathered because of the violation could be inadmissible in court.
Credibility of Witnesses
We can cross-examine witnesses to challenge their credibility and memory, challenging inconsistencies when possible.
Self-Defense
Self-defense alleges that a victim was reacting to the imminent threat of harm. We must prove that the force you used to defend yourself or others from actual or imminent harm was proportional to the threat.
False Allegations
This defense is often used when a person has an alibi or other evidence proving they were not at the crime scene at the time of the person’s death. We may be able to use this defense if there is no credible evidence to prove the charges or the officers arrested you because a witness mistakenly identified you as the offender.
What Should I Do if I’m Accused of Involuntary Manslaughter in Cincinnati?
Try not to panic. It is natural to feel frightened and overwhelmed. However, you must remain calm so you can think clearly.
The most important thing to remember is to exercise your right to remain silent. Do not make a statement or answer questions without an attorney present. Police officers sometimes lie to suspects to get information from them.
Reach out to a criminal defense lawyer immediately. Your attorney will provide support and guidance as you navigate your case. They can also fight for your release from jail on bail pending your trial. If going to trial is not in your best interest, an attorney can position you to negotiate a fair plea bargain.
Contact the Cincinnati Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (513) 333-0014 or visit us at our Cincinnati Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Cincinnati
600 Vine Street, Suite 1004
Cincinnati, OH 45202
United States
