Cleveland Murder Defense Attorney
Arrested for Murder or Manslaughter? We Can Help.
Over the years, we at Patituce & Associates have had the honor of defending several individuals charged with homicide, murder, and manslaughter. These crimes, as most people know, carry with them the possibility of the most severe penalties our government can impose upon someone.
It is important that if you or a loved one have been, or are about to be, arrested for murder you seek immediate advice from a Cleveland homicide defense attorney, contact Patituce & Associates today.
In each case where a client of ours is charged with homicide, our criminal defense lawyers actually take the time to investigate the set of facts that the government (the prosecutor) says constitute a homicide. If necessary, we employ the use of a private detective, or investigator, to track down flaws in the government’s story. We interview witnesses, view the crime scene, evaluate the coroner’s report, and evaluate any expert’s reports.
It is incredibly important that you do NOT speak with the police until you have spoken with a Cleveland homicide defense lawyer. Many clients, across all of our practice areas, share this mistake — and it is okay. Most people believe the police actually want to give them the chance to avoid charges. Let us be clear: If you are being investigated for murder, the police want to do one thing and one thing only: they want to find the evidence that proves you committed this crime. Even if you did not do this, you are going to be going into a conversation on an unequal footing. The police are trained interrogators and in most cases, you are not. Invoke your right to an attorney immediately. Call (440) 771-1175 now for a free consultation with one of our skilled professionals.
Aggravated Murder (O.R.C. 2903.01)
Aggravated murder can also be charged when the evidence shows that a murder was committed purposely and with prior calculation and design. In cases where a victim is purposely killed while the defendant was committing, attempting to commit, or fleeing a crime like assault, kidnapping, arson, robbery, burglary, or trespass, aggravated murder can be charged. If the victim is a child under the age of 13, or a law enforcement officer engaged in official duties, then aggravated murder will also be charged.
We understand that your specific situation requires individualized attention, and we are dedicated to providing just that.
No Case is Hopeless
We Don't Back Down. Ever.
Explore some of our recent wins.
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Case Dismissed CLEVELAND V. AL-NAZER (2012 TRC 040781)
Our client was accused of driving while under the influence of drugs, or alcohol.
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Not Guilty At Trial ROCKY RIVER V. D.F.
Client was charged with domestic violence against his wife.
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Plea and Record Expunged STATE V. BAILEY, CUYAHOGA
Client was accused of stealing tens of thousands of dollars worth of property.
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Charges Dismissed State v. Beckwith, Cuyahoga County
Student charged with the manufacturing of ecstasy.
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Case Dismissed STATE V. J.S. (A JUVENILE) YOUNGSTOWN
Local counsel pushed for a plea to one of the sex related charges.
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Acquittal State v. Tevin Biles
Client was identified as one of the alleged shooters at a New Year’s Eve party.
Voluntary Manslaughter (O.R.C. 2903.03)
Ohio law recognizes that unlawful deaths can occur in circumstances that don’t rise to the level of murder. One of the most dangerous charges in that category is voluntary manslaughter, which alleges that you knowingly caused the death of another person while in a sudden passion or fit of rage, brought on by a serious provocation by the victim that incited you to use deadly force. Voluntary manslaughter is a first-degree felony in Cleveland, and if you’re convicted, you’ll spend between 3 and 10 years in prison and face fines of up to $20,000.
Involuntary Manslaughter (O.R.C. 2903.04)
Involuntary manslaughter is when someone causes the death of another person while in the commission of a misdemeanor or a felony, but where there was no intent to cause the death. The facts in such a homicide case matter significantly in determining potential sentences. If you were committing a felony when the death occurred, you will face a first-degree felony charge that carries a sentence as long as 10 years. Involuntary manslaughter during the commission of a misdemeanor may be charged as a third-degree felony, depending on case specifics. If convicted of a third-degree offense, you face 1–5 years in prison with heavy fines.
Negligent Homicide (O.R.C. 2903.05)
Negligent homicide is charged when a person accidentally kills another with the use of a deadly weapon or dangerous ordinance. It is often levied in the case of a hunting accident. However, any case where a person accidentally causes a death using a dangerous implement may fall under the umbrella of negligent homicide. Because of the lack of intent and the negligent, rather than reckless or purposeful circumstances, this charge is prosecuted as a first-degree misdemeanor. Conviction may mean up to 6 months in jail and a fine of $1,000. Negligent homicide cases tend to be extremely emotional as the victim and defendant often knew each other or were even related. If you have been charged with negligent homicide, you should work with experienced Cleveland homicide defense lawyers who will protect your rights while remaining sensitive to the issues involved.
Reckless Homicide (O.R.C. 2903.041)
Reckless homicide is charged when prosecutors believe they can show that you engaged in reckless behavior that caused the death of another — or the termination of another’s pregnancy. Recklessness is a legal concept that describes conduct that a reasonable person would understand to carry a significant risk of injury or death to another. Reckless homicide is a third-degree felony in Cleveland and carries a sentence of up to 5 years and $10,000 in fines if convicted. While reckless homicide is a charge that doesn’t indicate intent or malice, you will be left with a felony homicide record if convicted — aside from the punitive sanctions involved.
Common Legal Defenses to Murder & Manslaughter Charges
When facing murder or manslaughter charges, several legal defenses can be employed depending on the specifics of the case. These include:
- Self-Defense: The defendant claims they acted to protect themselves from immediate danger. The force used must be reasonable and proportionate to the threat faced.
- Defense of Others: This defense asserts that the defendant intervened to protect someone else from harm. Like self-defense, the belief in the imminent threat must be reasonable, and the response must match the level of danger.
- Defense of Property: The defendant argues they used force to protect their property from being harmed or taken. However, this defense usually does not justify the use of deadly force, as the response must be immediate and reasonable.
- Insanity Defense: The defendant contends they were not mentally competent to understand their actions at the time of the crime. This defense typically requires a psychological evaluation to establish a lack of responsibility due to mental illness.
- Diminished Capacity: The defendant admits to committing the act but argues they were unable to form the necessary intent to be guilty of murder. If successful, this defense may lead to a lesser charge, such as manslaughter.
- Accident: The defendant claims that the death occurred unintentionally and was purely accidental. This defense is more commonly applied in manslaughter cases rather than in murder cases, where intent is closely examined.
- Mistaken Identity: The defendant argues that they are not the person who committed the crime.
- Alibi: Evidence showing they were not present at the crime scene when the offense occurred.
- Provocation: The defendant claims they were provoked into a sudden emotional reaction that led to the crime, which could reduce murder to voluntary manslaughter.
- Necessity: This defense posits that the defendant committed the act to prevent a greater harm or evil.
Call Our Cleveland Homicide Defense Attorneys
The process of hiring the right lawyer is an important one; in fact hiring a lawyer who lacks the experience, drive, and dedication necessary to protect you can lead to disastrous results. This is incredibly true in cases involving crimes such as aggravated murder, murder, and homicides. A conviction upon a charge of aggravated murder can result in you going to prison for the rest of your life or the loss of your life through a capital charge.
At Patituce & Associates, we are a team comprised of former prosecutors. If you are ready to talk to an experienced criminal lawyer about your case, call us for your consultation. We are Cleveland homicide lawyers handling cases ranging from murder to drug crimes. We treat all of our clients with the respect you deserve, and we are ready to help you protect your legal rights. Get in touch with us today to see how we can help you!
If you have been charged with murder or manslaughter, get the skilled defense you need from Patituce & Associates. Call (440) 771-1175 for a free case review with our Cleveland homicide defense attorneys.
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We Know the Legal System
Our criminal defense attorneys understand the legal system and local courts, helping you navigate your case efficiently and avoid costly mistakes.
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We Give You Peace of Mind
Being charged with a crime is overwhelming. With our team on your side, you can focus on your life while an experienced professional handles your defense.
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We Fight For Your Rights
Police and prosecutors sometimes push the limits of the law. We work to protect your rights and prevent unconstitutional evidence from being used against you.
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We Build A Strategic Defense
Fighting criminal charges requires a strong strategy. Our experienced team builds a defense tailored to the specific facts of your case.
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We Work to Mitigate Consequences
One of the main benefits of hiring our Ohio criminal defense attorneys is our ability to help reduce the potential consequences of a conviction.
