In Ohio, homicide is identified as causing a fatality directly. It could also apply to involuntary acts that resulted in death as well. These circumstances could increase or modify the penalties applied to the accused. A defense attorney in Mason, OH provides a defense based on the circumstances in which the fatality occurred.
By using self-defense, the accused is indicating that the fatality was necessary to protect themselves. This indicates that the accused didn’t commit premeditated murder but they acted in an instant to prevent the victim from injuring them. Their actions were based on a fear for their own life.
Insanity or Mental Incapacity
Insanity or mental incapacity is used for individuals with existing medical conditions. It indicates that the individual was mentally incapable of committing the crime in some instances. It could also indicate that the individual’s mental condition prevented them from understanding right from wrong.
An Infancy Defense
An infancy defense is often based on the age of the accused. Small children who cause a fatality through accident or misunderstanding aren’t charged with murder. Due to their age, they are incapable of understanding how their actions produced the outcome.
Intoxication or Altered State
Intoxication or the influence of drugs is often used as a defense against a murder conviction. However, the defense is based typically on intoxication that was caused by a party other than the accused. This includes instances where another individual puts drugs in a drink and the accused was unaware of their consumption of the drug.
Another example in which this defense is used related to individuals who suffer severe or traumatic seizures. These events leave them in a fugue state. During this time, they are unaware of their actions and don’t remember their actions once this altered state diminishes.
In Ohio, several circumstances could equate to a murder charge. However, it is the circumstance that dictate of the crime was premeditated or unintended. A criminal defense attorney evaluates the circumstances of the crime to identify the most appropriate defense. Any individual charged with homicide should hire a defense attorney in Mason, OH by visiting website today.
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