
When it comes to causing the death of another, not all crimes are created equal. In Ohio, we have six criminal statutes related to causing the death of another. They range from Aggravated Murder down to Negligent Homicide. All of the different terms can be confusing, so let’s walk through what each of them means.
First, it is important to understand the different degrees of culpability required for violations of these statutes. Each statute will prescribe one of these levels of culpability which describes the conduct required to be convicted of the crime: Purposely, Knowingly, Recklessly, and Negligently.
A person acts knowingly, regardless of purpose, when the person is aware that the person’s conduct will probably cause a certain result or will probably be of a certain nature. A person has knowledge of circumstances when the person is aware that such circumstances probably exist.
A person acts recklessly when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that the person’s conduct is likely to cause a certain result or is likely to be of a certain nature. A person is reckless with respect to the circumstances when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that such circumstances are likely to exist.
A person acts negligently when, because of a substantial lapse from due care, the person fails to perceive or avoid a risk that the person’s conduct may cause a certain result or may be of a certain nature. A person is negligent with respect to circumstances when, because of a substantial lapse from due care, the person fails to perceive or avoid a risk that such circumstances may exist.
Now that the different degrees of culpability are understood, let’s look at the different statutes.
There are valid legal defense strategies that can be used against murder charges in Ohio. These are fact-dependent and are best discussed with a licensed criminal defense attorney. Call attorney Joseph Edwards for a free, no-nonsense phone consultation today at (614) 826-6906.
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