Cleveland Murder Defense Attorney

If you or a loved one is being investigated or has been arrested for murder, immediately – day or night. The first few hours after an individual is arrested can make all of the difference in the world. Advise the police that you intend to seek legal representation and immediately call a Cleveland homicide lawyer. Our client-centered approach makes us highly effective defense attorneys who challenge the evidence, question the authorities, and fight for you.

Our clients know when facing these serious cases that we will not cave to the demands of the government. We will fight for our clients as long as we can. We understand that losing at this level has serious consequences for our clients and giving in to the demands of the government can be just as bad. When your life is at stake, you should contact Cleveland homicide defense attorneys who are going to aggressively fight for you and take it back to prosecutors.

We can handle homicide cases involving:

• 2903.01 – Aggravated murder
• 2903.02 – Murder
• 2903.03 – Voluntary manslaughter
• 2903.04 – Involuntary manslaughter
• 2903.041 – Reckless homicide
• 2903.05 – Negligent homicide
• 2903.06 – Aggravated vehicular homicide

Negligent homicide is charged when a person accidentally kills another with the use of a deadly weapon or dangerous ordinance. It is often levied in the case of a hunting accident. However, any case where a person accidentally causes a death using a dangerous implement may fall under the umbrella of negligent homicide. Because of the lack of intent and the negligent, rather than reckless or purposeful circumstances, this charge is prosecuted as a first-degree misdemeanor. Conviction may mean up to 6 months in jail and a fine of $1,000.

Negligent homicide cases tend to be extremely emotional as the victim and defendant often knew each other or were even related. If you have been charged with negligent homicide, you should work with experienced Cleveland homicide defense lawyers who will protect your rights while remaining sensitive to the issues involved.

Involuntary manslaughter is when someone causes the death of another person while in the commission of a misdemeanor or a felony, but where there was no intent to cause the death. The facts in such a homicide case matter significantly in determining potential sentences. If you were committing a felony when the death occurred, you will face a first-degree felony charge that carries a sentence of as long as 10 years. Involuntary manslaughter during the commission of a misdemeanor may be charged as a third-degree felony, depending on case specifics. If convicted of a third-degree offense, you face 1-5 years in prison with heavy fines.

O.R.C. 2903.06 includes three distinct charges, but all indicate that a vehicle of some sort (automobile, boat, even airplane) caused another person’s death while under the control of the charged person.

The most serious of these charges is aggravated vehicular homicide, which is applied in one of these circumstances:

• The operation of the vehicle was reckless.
• Death was caused by the reckless operation of the vehicle in a construction zone.
• The vehicle’s operator was drunk or intoxicated by drugs at the time of the incident.

Depending on the specifics of your case, you may be charged with a third or second-degree felony with certain factors allowing it to be elevated to a first-degree felony. The minimum sentence, if convicted of a third-degree felony, will be one to five years, with a license suspension of three years to life; for a second-degree charge, the minimum sentence will be two to eight years, with a lifetime suspension of your driver’s license.

Vehicular homicide, meanwhile, alleges that you operated a vehicle negligently or that you were speeding in a construction zone and caused another person’s death. This is a first-degree misdemeanor, carrying a sentence of up to six months in jail and a suspended license for one to five years. Certain factors can elevate vehicular homicide to a fourth-degree felony, carrying a sentence as long as 18 months.

When prosecutors believe they can prove you caused death while committing a minor misdemeanor traffic offense, you can be charged with vehicular manslaughter. This is a second-degree misdemeanor and can lead to a sentence of 90 days and a license suspension of up to three years. In certain circumstances, you can be charged with vehicular manslaughter as a first-degree misdemeanor, which can result in a six-month sentence and a longer suspension of your license. Obviously, these are tragic circumstances regardless of the charges you’re facing. Accidents happen, and not every case is a matter that deserves prosecution.

When facing murder or manslaughter charges, several legal defenses can be employed depending on the specifics of the case. Here are some common defenses:

• Self-Defense: The defendant claims they acted to protect themselves from immediate danger. The force used must be reasonable and proportionate to the threat faced.
• Defense of Others: This defense asserts that the defendant intervened to protect someone else from harm. Like self-defense, the belief in the imminent threat must be reasonable, and the response must match the level of danger.
• Defense of Property: The defendant argues they used force to protect their property from being harmed or taken. However, this defense usually does not justify the use of deadly force, as the response must be immediate and reasonable.
• Insanity Defense: The defendant contends they were not mentally competent to understand their actions at the time of the crime. This defense typically requires a psychological evaluation to establish a lack of responsibility due to mental illness.
• Diminished Capacity: The defendant admits to committing the act but argues they were unable to form the necessary intent to be guilty of murder. If successful, this defense may lead to a lesser charge, such as manslaughter.
• Accident: The defendant claims that the death occurred unintentionally and was purely accidental. This defense is more commonly applied in manslaughter cases rather than in murder cases, where intent is closely examined.
• Mistaken Identity: In this defense, the defendant argues that they are not the person who committed the crime. This claim relies on evidence and witness testimony to establish that the defendant was elsewhere or misidentified.
• Alibi: The defendant presents evidence showing they were not present at the crime scene when the offense occurred. Successful alibi defenses often depend on credible witnesses or physical evidence supporting the defendant’s location at the time.
• Consent: The defendant argues that the victim consented to the actions that led to their death. This defense can be applicable in situations involving mutual combat or risky behavior where the victim was aware of the potential dangers.
• Provocation: The defendant claims they were provoked into a sudden emotional reaction that led to the crime, which could reduce murder to voluntary manslaughter. The provocation must be such that a reasonable person would have lost self-control in the same situation.
• Necessity: This defense posits that the defendant committed the act to prevent a greater harm or evil. The harm avoided must be significantly greater than the harm caused by the defendant's actions.