How Many Years Will You Get for Attempted Murder Charges in Ohio?

Being accused of attempted murder is a terrifying situation. The consequences are severe, and the prosecution will paint you as a dangerous criminal intending to take a life. But we understand that oftentimes, allegations of attempted murder arise from situations where intent is unclear.

As experienced criminal defense attorneys, our role is to protect your rights and ensure you receive fair treatment under Ohio law regarding attempted murder charges. Let’s dive into what constitutes attempted murder, the different degrees of charges, potential penalties you may face, and how we can strategically defend your case.

What Constitutes Attempted Murder in Ohio?

Under Ohio Revised Code 2923.02, a person can be charged with attempted murder if they purposely or knowingly engaged in conduct that, if successful, would have resulted in murdering another person.

Some examples that could lead to attempted murder charges include:

• Shooting a firearm at someone with intent to kill
• Attacking someone with a deadly weapon
• Poisoning food/drink with lethal intent
• Strangling or smothering someone
• Driving a vehicle directly at a pedestrian with murderous intent

The key factors are the person’s purposeful actions and the reasonable assumption that if not obstructed, their conduct would have caused the death of another human being. Mere thoughts or verbal threats alone don’t constitute attempted murder.

Degrees of Attempted Murder Charges in Ohio

Not all attempted murder charges are equal under Ohio law.

The degree or level is determined by factors like the specifics of the offense attempted and any aggravating circumstances:

Attempted Aggravated Murder

This is the most serious attempted murder charge. It applies when the underlying offense that was attempted is aggravated murder as defined under Ohio Revised Code 2903.01. For example, attempting to murder a law enforcement officer, judge, or other protected person.

Attempted Murder

Trying to unlawfully and purposefully cause the death of another person. A step below attempted aggravated murder in severity.

Other Violent Crime Attempts

Some attempted charges may fall under other violent offenses like attempted involuntary manslaughter, attempted felonious assault, etc. The degrees and potential sentences vary.

Potential Penalties for Attempted Murder Conviction

If convicted of attempted murder charges in Ohio, the potential penalties you face are a potential prison sentence of 3-11 years plus fines up to $20,000.

In addition to imprisonment and fines, those convicted of attempted violent offenses like murder often face other consequences, like being prohibited from owning firearms and having a permanent criminal record that hampers employment, housing, and finances.

Aggravating Factors That Impact Attempted Murder Sentencing

Even for the same base charge like attempted murder, certain aggravating circumstances can result in harsher penalties if convicted:

• Use of a firearm, deadly weapon, or dangerous ordnance
• Targeting specific protected victims (children, law enforcement, etc.)
• Hate crime motivations based on race, religion, gender, etc.
• Offenses related to drug trafficking, gang activity, or organized crime
• Extensive criminal history with prior violent convictions

Prosecutors will seek enhanced punishments by citing any aggravating factors present in the alleged attempted murder. From our experience, we know how to counter these claims and challenge aggravating circumstances.

Defending Against Attempted Murder Allegations

With such serious potential penalties, having a strong legal defense is crucial if you face attempted murder charges in Ohio. Some potential defenses our firm may utilize in your case include:

• Lack of intent to kill (the actions were reckless but not purposeful murder attempts)
• Factual impossibility (for example, shooting an unloaded firearm unknowingly)
• Mistaken identity or credibility issues with witnesses
• Self-defense claims under Ohio’s standards
• Voluntary abandonment of the criminal effort before completion

Every case is unique, but an experienced criminal defense lawyer can examine all possible avenues to poke holes in the prosecution’s arguments, raise reasonable doubt, and potentially get charges reduced or dismissed entirely.

Moving Forward After an Attempted Murder Charge

If you or a loved one is facing attempted murder charges, we understand this is an incredibly stressful and daunting situation. But having the right legal defense can make all the difference in your future.

Our criminal defense team at The Botnick Law Firm has years of combined experience defending clients against the most serious violent crime allegations in Ohio, including attempted murder cases. We’ll pour all our legal experience into strategically countering the prosecution’s arguments, raising doubt, and fighting for the best possible outcome based on your specific situation.

No matter how grim the charges may seem, you have rights, and there’s always a path forward. Contact The Botnick Law Firm today, and let’s embark on this journey to justice together.