Cleveland Manslaughter Lawyer

Cleveland Manslaughter Attorney

After an arrest for manslaughter, it can be challenging to know how to move forward. A Cleveland manslaughter lawyer from the Fortress Law Group, LLC wants you to know that you have legal options and defense strategies at your disposal that can position you in a positive way as you seek to reduce or lessen the charges and penalties you are up against.

Common Manslaughter Defense Strategies

As you are in the initial stages of preparing for a manslaughter case, it is important to have a grasp on the different defense strategies that have been successful in previous criminal cases similar to yours. A defense attorney seeks to raise reasonable doubt on the prosecution’s case and evidence against you.

An attorney can argue that your actions as the defendant do not actually meet the legal criteria for a violent crime such as manslaughter. Below is a list of some of the strategies that may be used in your case:

• Self-Defense: A common defense that may be effective in voluntary manslaughter cases is that the defendant acted in self-defense. In these cases, the defendant can try to prove that they only used force to protect themself from imminent harm. They have to show that they believed they were in immediate danger of serious harm or death and that their response was appropriate to the level of threat they perceived.
• Heat of Passion: In a voluntary manslaughter case, a defense may use the strategy of arguing that they were provoked by the victim, which led them to act in the heat of passion without premeditation. A key element of this strategy is to prove the provocation that led to the acting out of passion and losing self-control. An example of this could be discovering infidelity.
• Lack of Intent: Lack of intent can be used for both voluntary and involuntary manslaughter cases. The defense has to prove that they had no intent to harm or kill and that the death was a result of an accident or reckless action. While this may not eliminate the charges completely, it can reduce the charge to a lesser offense.
• Insanity or Mental Illness: If the defendant was suffering from a mental illness or was insane at the time of the offense and can prove it, they might not be held criminally responsible for their actions. In Ohio, a defendant can claim that they lacked the capacity to fully understand what their actions meant because of a mental disease or defect. This often requires a psychiatric evaluation proving the defendant’s mental state.
• Accident: In an involuntary manslaughter case, a defendant can argue that the killing was a result of an accident and not a criminal action. The defense can work to prove that the death happened because of circumstances that were not within the defendant’s control and without the intent that is necessary for manslaughter.
• Lack of Causation: If a defendant’s actions did not actually cause the victim’s death, but rather other factors did, like pre-existing medical conditions, they can argue that there was a lack of causation.
• Alibi: If the accused was not a part of the criminal act and not at the scene of the crime that led to the death and, thus, could not have committed the manslaughter, they can provide an alibi that shows where they were instead. An alibi can prove that the defendant was not present during the death and often needs evidence like witness testimony or surveillance footage to show their location at the time of the incident.

The specific defense strategy used in your case is influenced by the individual circumstances that you faced. With the support of an experienced Cleveland, Ohio, defense attorney, you can fortify your defense to prove what actually happened and potentially lessen the outcome of the case.

FAQs

Q: How Many Years Do You Get for Manslaughter in Ohio?

A: In Ohio, the punishment for manslaughter depends on if it is classified as voluntary or involuntary manslaughter. Voluntary manslaughter is when an individual knowingly causes the death of another individual when under the influence of sudden passion or rage provoked by the victim.

Involuntary manslaughter happens when someone unintentionally causes another person’s death during a criminal act. Both charges can result in long prison sentences and substantial fines.

Q: How Is Manslaughter Proven?

A: Proving manslaughter often requires that the prosecution demonstrate that the defendant’s actions are in accordance with the legal elements of a manslaughter charge. The evidence must be clear and convincing enough to overcome any defense strategies. Defense strategies may seek to negate intent (showing that the killing was accidental) or causation (arguing that the defendant’s actions did not directly cause the death).

Q: How Long Does a Manslaughter Case Take?

A: How long a manslaughter case may take is hinged on the specific factors and details of each individual case. Factors that can influence the case’s timeline include the complexity of the case, the court’s schedule, all involved parties’ cooperation, and whether the defendant accepts a plea deal or moves to trial. In general, a trial will greatly extend the timeline of a case.

Q: How Much Is a Manslaughter Lawyer in Ohio?

A: How much a manslaughter lawyer may charge in Ohio often depends on factors like the lawyer’s level of experience with manslaughter cases, the complexity of the case, the time needed to complete the case, and the lawyer’s fee structure. Fee structures can include an hourly rate, a flat fee, and a retainer fee.

Get in Touch With a Trusted Cleveland Manslaughter Lawyer as Soon as Possible

It is understandable that being arrested for manslaughter produces feelings of hopelessness and fear. A manslaughter lawyer from the Fortress Law Group, LLC, wants you to know that hope is not lost. There are defense strategies that you can pursue to push for a fair result in your case.

Reach out today to set up an initial consultation with our legal team and learn how we can help you strengthen your case and push for an ideal solution given the unique circumstances of your case.