The U.S. Constitution guarantees the right to a speedy trial but does not impose the same requirement for pre-trial proceedings. In Ohio, most criminal cases can be initiated years after the alleged crime occurred. However, for certain crimes, the law limits the time the government has to prosecute, known as the statute of limitations.
At Hiltner Trial Lawyers, we understand the complexities of criminal defense, including serious charges like murder. Our dedicated murder defense attorneys bring years of experience navigating Ohio’s legal system, tirelessly advocating for our client’s rights and ensuring they receive a fair defense. We are committed to providing the guidance and support you need during the most challenging times, always prioritizing your best interests and a strong legal strategy.
In this blog, our criminal defense attorneys explain Ohio’s approach to the statute of limitations for murder and what it means for those facing such charges.
What is a Statute of Limitation?
A statute of limitations sets a deadline for initiating criminal charges. For minor crimes, this period may be as short as two years. More serious offenses could extend to 25 years. However, some crimes are deemed so severe that they are exempt from these time constraints.
For many states, one exception to these reasons is murder. The reasoning is that taking a life demands justice, regardless of how much time has passed.
No Statute of Limitations for Murder in Ohio
Statutes of limitations serve several purposes. First, they encourage law enforcement and prosecutors to resolve cases promptly while the evidence is fresh and witnesses’ memories are intact. Second, they provide fairness to potential defendants, as it is also considered unfair to prosecute someone for most crimes many decades after the fact because evidence that proves their innocence can be lost to time.
However, Ohio law does not impose a statute of limitations for murder. This means an individual can face murder charges at any time, no matter how many years—or even decades—have passed since the alleged crime occurred.
What Does the Court of Ohio Consider as Murder?
Under Ohio Revised Code Section 2903.02, a person can only be accused of murder if they are suspected of the following:
- Intentionally causing the death of another (this includes the unlawful termination of a pregnancy).
- Causing the death of another person while attempting to commit a violent felony (also known as felony murder) under certain circumstances.
Importantly, lesser charges like manslaughter or assault do have statutes of limitations. For instance:
- Voluntary manslaughter: A crime committed in the heat of passion, which carries a statute of limitations of 20 years.
- Involuntary manslaughter: Causing death unintentionally as a result of reckless behavior or during the commission of a nonviolent felony, also subject to a 20-year limitation.
The distinction lies in intent. Murder implies purposeful action, while manslaughter does not. Ohio’s decision to exclude murder from statutes of limitations underscores the severity of the crime and the state’s commitment to prosecuting it fully.
But what are the reasons that there is no statute of limitations for murder in Ohio?
Why Is There No Statute of Limitations for Murder in Ohio?
There are a few reasons why Ohio does not have a statute of limitations for murder:
- Reopened cases: Cases that were previously thought to be solved can be reopened years later when new information comes to light.
- People can be found innocent years later: Unfortunately, people are often found guilty of murder even though they were innocent. More time means more chances of freeing an innocent person without fear of ending up with an unresolved case.
- Forensic technology advances over time: New technology allows time to fully resolve cases and take into account new advances in forensic technology.
If you are being charged with murder in Ohio several years after the crime took place, our criminal defense attorneys at Hiltner Trial Lawyers can examine your case and help you fight your charge.
Contact Our Murder Defense Attorneys at Hiltner Trial Lawyers today
A murder charge can come at any point in your life, making it essential to have skilled legal representation on your side. At Hiltner Trial Lawyers, we understand the gravity of these cases and the impact they have on your life and loved ones.
We are dedicated to protecting your rights and fighting tirelessly to achieve the best possible outcome for your case. Whether you’re accused of murder or aggravated murder in Ohio, our team is here to provide the guidance and support you need every step of the way.
Contact us today to schedule a free consultation. Your future is our priority, and we are committed to standing by your side through this challenging time.
