Columbus Homicide Lawyer

Voluntary Manslaughter ORC § 2903.03

Often referred to as a crime of passion murder, voluntary manslaughter is defined as an intentional killing where there is no prior intent to kill. This type of killing would be brought on by a sudden fit of passion or rage such as discovering spousal infidelity. In some states, this crime is referred to as third degree murder. As a felony of the first degree, voluntary manslaughter carries with it a penalty of 3-10 years in prison and up to $20,000 in fines.

Involuntary Manslaughter ORC § 2903.04

Unlike any of the other categories of killing, this type of killing is not intentional, but stems from an intentional or negligent act leading to death. A common type of involuntary manslaughter stems from a death caused by drunk driving. This classification of killing can be a first-degree felony and carry with it a penalty of 3-10 years in prison and up to $20,000 in fines.

Reckless Homicide ORC § 2903.041

• Recklessly
• Causing the death of another or the unlawful termination of another’s pregnancy.

Reckless homicide is a felony of the third degree and consists of heedless indifference to the consequences of his actions. As a felony of the third degree, reckless homicide carries with it a penalty of 1-5 years in prison and up to $10,000 in fines. An example of a reckless homicide is killing another while playing Russian roulette. 

Negligent Homicide ORC § 2903.05

• Negligently,
• By means of a deadly weapon or ordinance,
• Causing the death of another or the unlawful termination of another’s pregnancy.

The word negligent is a legal term, which means a person has operated without the amount of care that a reasonable person would use under same or similar circumstances. This classification of homicide is a misdemeanor of the first degree and therefore carries with it a penalty of up to 6 months in jail and fines no more than $1,000.

Felony Murder Rule

In common law tradition, if a person were involved in the commission of a felony and a person died during the commission of that crime, that person would be guilty of murder. An example of this is if a bank teller had a heart attack during a bank robbery, the getaway driver would be guilty of murder.

This common-law rule is largely considered outdated and has been effectively abolished through the enactment of Ohio’s involuntary manslaughter statute, which requires intent to kill unlike in other states, which require only intent for the underlying felony. However, if two persons are committing a felony offense such as burglary and the homeowner shoots and kills one of the two burglars, Ohio law will allow the surviving burglar to be charged with Felony Murder.