Fogt Law Can Help
A murder charge is life changing. It carries severe penalties, including the possibility of life imprisonment or even the death penalty. If you or a loved one has been accused of murder in Ohio, you need to contact Fogt Law. Attorney Christopher Fogt has the experience and knowledge as well as the dedication to have a successful outcome. We will thoroughly review the discovery, discuss your case, and advocate strongly on your behalf throughout your case, including trial.
A Strong Defense
In Ohio, murder is defined as the unlawful killing of another person with prior calculation and design, or in the commission of or attempt to commit a felony. First-degree murder is the most serious charge and carries a potential sentence of life imprisonment without the possibility of parole or even the death penalty. Second-degree murder, also known as "felony murder," involves causing the death of another person during the commission of certain felonies, such as robbery or burglary, and carries a potential sentence of 15 years to life in prison.
Defending a murder accusation involves a much greater amount of time, effort, and expertise than typical criminal cases. Murder investigations often involve witness identification, witness statements, photo-lineups, show-ups, DNA, fingerprints, firearms (ballistics) and/or other weapons, money, alibis, and much more. Sometimes a murder is “premeditated” meaning it was planned in advance. Other times, murders are spontaneous acts that occur unexpectedly without any prior warning.
When defending murder charges, it is crucial to pay close attention to all the facts. Sometimes a minor detail can have a major impact on the outcome of a case. The defense team cannot assume that the discovery tells the complete story about what truly happened. Evidence can be incomplete, erroneous, or misleading. All people make mistakes, including law enforcement. In addition, witnesses can also be highly unreliable. For instance, a witness may think they saw something when they really did not.
The legal process for murder cases in Ohio can be complex. Handling a murder case involves a wide range of legal strategies and defense tactics. For that reason, it is crucial to work with an experienced criminal defense attorney who understands the nuances of the law and can effectively represent your interests in court. Attorney Fogt has handled numerous murder cases throughout his career, including cases that went to trial. As such, he has significant experience in and out of the courtroom.
You need someone on your side to carefully review the evidence, look for evidence favorable to you, and challenge the State's narrative as to what they think happened. Fogt Law works with a trusted high-quality contract investigator that can locate and talk to witnesses and much more. Attorney Fogt has also worked with a number of other dependable experts over the years to protect his clients' rights.
Not only will Attorney Fogt prepare your case for trial, but he will negotiate a plea offer as needed. Plea negotiations involving a murder can be extremely challenging. Compared to other kinds of crimes, prosecutors are typically much more hesitant to offer favorable deals in murder cases. This is in part due to the severity of the charges, but also because the families of victims often do not want the accused killer to receive leniency. Despite these hurdles, Attorney Fogt has the negotiating skills to reach favorable agreements even in cases where the odds are stacked against his client.
If a prosecutor proposes a plea offer, it is important to consider all potential ramifications carefully. Attorney Fogt can help you. If after careful review and in-depth discussion, you decide to take a plea, our office will present a thorough mitigation argument to the court on your behalf. We understand that your case not only affects you, but your family as well.
Our goal is to help you understand your rights and options and to provide you with the information you need to make informed decisions about your case. Contact Fogt Law Office for more information.
Aggravated Murder (ORC 2903.01)
(A) No person shall purposely, and with prior calculation and design, cause the death of another or the unlawful termination of another's pregnancy.
(B) No person shall purposely cause the death of another or the unlawful termination of another's pregnancy while committing or attempting to commit, or while fleeing immediately after committing or attempting to commit, kidnapping, rape, aggravated arson, arson, aggravated robbery, robbery, aggravated burglary, burglary, trespass in a habitation when a person is present or likely to be present, terrorism, or escape.
(C) No person shall purposely cause the death of another who is under thirteen years of age at the time of the commission of the offense.
(D) No person who is under detention as a result of having been found guilty of or having pleaded guilty to a felony or who breaks that detention shall purposely cause the death of another.
(E) No person shall purposely cause the death of a law enforcement officer whom the offender knows or has reasonable cause to know is a law enforcement officer when either of the following applies:
(1) The victim, at the time of the commission of the offense, is engaged in the victim's duties.
(2) It is the offender's specific purpose to kill a law enforcement officer.
(F) No person shall purposely cause the death of a first responder or military member whom the offender knows or has reasonable cause to know is a first responder or military member when it is the offender's specific purpose to kill a first responder or military member.
(G) Whoever violates this section is guilty of aggravated murder, and shall be punished as provided in section 2929.02 of the Revised Code.
Murder (ORC 2903.02)
(A) No person shall purposely cause the death of another or the unlawful termination of another's pregnancy.
(B) No person shall cause the death of another as a proximate result of the offender's committing or attempting to commit an offense of violence that is a felony of the first or second degree and that is not a violation of section 2903.03 or 2903.04 of the Revised Code.
(C) Division (B) of this section does not apply to an offense that becomes a felony of the first or second degree only if the offender previously has been convicted of that offense or another specified offense.
(D) Whoever violates this section is guilty of murder, and shall be punished as provided in section 2929.02 of the Revised Code.
Trust Fogt Law. Contact us today.
Attorney Fogt practices in Federal Court and all over the State of Ohio including, but not limited to Montgomery County, Greene County, Miami County, Warren County, Hamilton County, Clark County, Franklin County. Attorney Fogt also practices in Kettering, Miamisburg, Dayton, Xenia, Fairborn, Springboro, Clark, and Lebanon Municipal Courts as well as others.
