November 1, 2024 | Ohio Law
From the prosecution of Michelle Carter, who encouraged her boyfriend to commit suicide, to physician-assisted suicide for the terminally ill, criminalizing suicide has become a hot topic in recent years.
However, the legal status of “causing someone’s suicide” is a complex issue. Can you be prosecuted for causing someone’s suicide in Ohio? The answer ultimately depends on the circumstances. If you are being prosecuted for causing another’s suicide, you should seek legal counsel from a criminal defense attorney.
Ohio Suicide Laws
Ohio has a law that criminalizes knowingly causing another person to commit or attempt suicide. If someone violates this law, they will be convicted of a felony in the third degree. A felony in the third degree carries a definite prison term of 1 to 5 years in prison. It may also include a $10,000 fine and a potential probationary term.
Providing The Physical Means For Suicide
The first way that someone can violate Ohio law is to cause another to commit or attempt suicide by providing physical means.
This section primarily applies to physician-assisted suicide or euthanasia. Physician-assisted suicide is the process whereby a doctor provides a patient with a fatal dose of medication. The patient takes the medication in their home when they are ready to end their life. This is legal in many states, but it is illegal in Ohio.
Even though this code section is designed with doctors in mind, it can also apply to others who provide the physical means for suicide. For example, someone could give their friend a gun or drugs, knowing that they are going to use it to end their life. The key is that they must know that the person intends to use the means to attempt suicide.
Participating In The Physical Act Of Suicide
The second way that you can violate Ohio law is by participating in the physical act of suicide itself. This could also apply to doctors or nurses who help their patients administer the fatal dose of drugs as opposed to sending it with them for self-administration.
It can also apply to someone who helps another kill themselves in another way. This could include driving them to a bridge, knowing they intend to jump, or helping them load a gun before they shoot themselves.
This area of law is blurred and it is unclear what level of participation is required to get convicted. You should fight back against these charges because you may have a stronger defense than you realize.
Encouraging Suicide
Encouraging suicide is a legal grey area. This is the case of Michelle Carter, who encouraged her boyfriend to commit suicide over text and was convicted of involuntary manslaughter. She neither provided the physical means nor participated in the physical act.
There are questions about whether or not you could be convicted of encouraging suicide in Ohio. Even though it isn’t explicitly against the law, the question hinges on whether encouraging suicide is legally “causing” another person’s death.
There is an argument that you cannot be convicted of a crime for encouraging suicide because there is constitutional protection of free speech. However, these protections have been limited by the United States Supreme Court in certain cases. Whether or not language encouraging suicide is criminalized is a difficult legal question.
Defenses To Causing Suicide Charges
There are many defenses available in your case. Some of the defenses include:
- Insufficient evidence
- Lack of knowledge or intent
- Mistaken identity
- False allegations
These cases are relatively uncommon in Cincinnati, and many lawyers are unprepared to handle them. If you are being prosecuted for causing someone’s suicide, you need to immediately hire an experienced criminal defense attorney.
Contact the Cincinnati Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (513) 333-0014 or visit us at our Cincinnati Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Cincinnati
600 Vine Street, Suite 1004
Cincinnati, OH 45202
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