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Murder

Does Ohio have a felony murder rule?

By December 7, 2022January 8th, 2025No Comments

Many individuals find themselves facing murder charges, even though they never directly harmed anyone. Imagine a situation where someone deliberately sets fire to an empty barn as a prank or intentionally strikes another person with their vehicle, resulting in a fatality. In such cases, the individual responsible could face murder charges.

Situations like these can happen because of Ohio’s felony murder rule, which broadens the crime of murder. 

If you or a loved one is facing such severe charges, the stakes couldn’t be higher. Facing multiple charges, especially murder, is overwhelming and stressful. At Hiltner Trial Lawyers, we are dedicated to standing by you, offering skilled and committed legal representation. 

Our criminal defense attorney, Max Hiltner, shares an overview of Ohio’s felony murder rule in this blog.

What Is the Felony Murder Rule in Ohio?

The felony murder rule holds that certain inherently dangerous crimes carry a high risk of fatalities, making deaths during these crimes a foreseeable consequence. Under this rule, anyone involved in such felonies can face murder charges if someone dies, regardless of whether they intended to harm or directly cause the fatality. They may also face charges for the original felony.

In simple terms, the felony murder rule allows prosecutors to charge a person with first-degree murder if a death occurs during the commission of a dangerous felony, even if the accused was not the killer.

Usually, a case of first-degree murder would involve proving the accused had intent or showed reckless indifference for human life. However, under the felony murder rule, prosecutors only need to establish that:

  • The accused participated in a dangerous felony and
  • Someone died as a result of that felony

If convicted of felony murder in Ohio, you could face the harshest penalties permissible by Ohio law:

  • 15 to 30 years in prison
  • Life imprisonment without parole
  • The death penalty

What Crimes Are Covered Under Ohio’s Felony Murder Rule?

In Ohio, a felony murder charge can arise from various dangerous felonies, including but not limited to:

The underlying crime must be classified as a felony, and a direct causal link between the crime and the fatality must exist.

What Happens When Death Occurs During Other Felonies or Misdemeanors?

There can still be serious consequences if someone dies while you are committing a felony not covered under the felony murder rule.

You may face an involuntary manslaughter charge if:

  • Someone dies while you are committing any felony in Ohio or
  • Someone dies while you are committing a misdemeanor, and
  • The person’s death would not have occurred otherwise

Importantly, you can face charges for involuntary manslaughter even if the crime you were committing was unsuccessful or incomplete.

Penalties for Involuntary Manslaughter in Ohio

The penalties for involuntary manslaughter depend on whether the underlying offense was a felony or a misdemeanor:

  • Felony-related involuntary manslaughter → 3 to 11 years in prison
  • Misdemeanor-related involuntary manslaughter → 9 months to 3 years in prison

Recent Developments in the Felony Murder Rule

In December 2022, a bill was introduced in Ohio proposing changes to the felony murder rule, specifically to shield minors from excessively harsh sentences. 

At Hiltner Trial Lawyers, we stay informed about changes in Ohio law and are prepared to adjust our strategies to protect our clients. Whether you’re facing current charges or worried about how potential legal changes might affect your case, we’re here to help.

How Can a Lawyer Help With Felony Murder Charges in Ohio?

Facing felony murder charges is a life-altering event. An experienced murder defense attorney can:

  • Investigate the facts of your case to challenge the prosecution’s evidence
  • Determine whether the felony murder rule applies to your situation
  • Advocate for reduced charges or alternative sentencing options
  • Ensure that your constitutional rights are protected at every stage of the process

Contact Hiltner Trial Lawyers Today

Facing multiple charges, including murder, is an overwhelming challenge you should never face alone. At Hiltner Trial Lawyers, we bring extensive legal knowledge and an unwavering commitment to protecting your rights.

If you are accused of felony murder in Ohio, our legal team is here to guide you. Contact us at 330-475-3164 for a free consultation. Protecting your rights and advocating for your future is our top priority at Hiltner Trial Lawyers.

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