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Murder Classifications in Ohio Explained

Criminal Defense

November 26, 2024

Ohio criminal law has numerous offenses for homicide, the unlawful killing of another person, or unlawful termination of that person’s pregnancy.

Ohio’s Homicide Statutes

Ohio law has multiple classifications for homicide offenses. Ohio’s homicide statutes include the following.

Aggravated Murder

Ohio defines aggravated murder as any of the following:

  • Purposely and with prior calculation/design causing another person’s death or the unlawful termination of another’s pregnancy
  • Purposely causing another person’s death while committing, attempting to commit, or fleeing from the attempt or commission of 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
  • Purposely causing the death of a person under 13; purposely causing another person’s death while fleeing from incarceration for a felony offense; purposely causing the death of a law enforcement officer, first responder, or military servicemember

Murder

A person commits murder under Ohio law when they purposely cause another person’s death or the unlawful termination of their pregnancy or when they cause another person’s death as the proximate result of the commission or attempted commission of a first- or second-degree felony of violence, or when they cause a person’s death with sexual motivation.

Voluntary Manslaughter

Ohio law defines voluntary manslaughter as knowingly causing another person’s death or the unlawful termination of their pregnancy while under the influence of sudden passion or a sudden fit of rage provoked by the victim.

Involuntary Manslaughter

A person commits involuntary manslaughter if they cause another person’s death or the unlawful termination of their pregnancy while committing or attempting to commit another offense. 

Reckless Homicide

Reckless homicide occurs when a person recklessly causes another individual’s death or the unlawful termination of their pregnancy. Recklessness involves consciously disregarding a substantial risk that one’s actions may lead to another’s severe injury or death.

Negligent Homicide

A person commits negligent homicide when they negligently cause another person’s death or the unlawful termination of their pregnancy using a deadly weapon or dangerous ordinance.

Key Differences Between Murder Classifications

The differences in murder classifications under Ohio law depend on an offender’s state of mind. Murder requires an offender to purposely kill another person, whereas aggravated murder requires premeditation. Voluntary manslaughter involves a purposeful killing, but the offender’s purpose comes from a sudden rage or passion. Finally, involuntary manslaughter and reckless or negligent homicide involve non-purposeful killings.

Penalties for Murder Offenses

Penalties for murder offenses under Ohio law vary depending on the offense:

  • Aggravated murder: Death or life imprisonment
  • Murder: 15 years to life imprisonment or 30 years to life if the offense involves a victim under 13
  • Voluntary manslaughter: Three to 11 years in prison
  • Involuntary manslaughter: Three to 11 years in prison or nine to 36 months in prison for a death that occurs while committing or attempting a felony
  • Reckless homicide: Nine to 36 months in prison
  • Negligent homicide: Up to six months in jail

Contact a Criminal Defense Lawyer Today

When facing prosecution for homicide in Ohio, you need highly experienced, dedicated legal counsel who will fight for your rights, reputation, and freedom. Contact DiCaudo, Pitchford & Yoder today for a free, confidential consultation with a homicide defense attorney to discuss your legal options for facing your charges.