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Old Aug 24, 2023 | 04:39 AM
  #46  
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Originally Posted by tex2670
That's great that it "sounds" premeditated to you. What was she actually convicted of, because that is the only thing that counts.
She was actually convicted of 2903.02 Murder, which is a 1st degree felony requiring intent ("purposely cause the death of") and carries a mandatory lifetime sentence.

The next step down from this is 2903.03 Voluntary Manslaughter in Ohio and does not require intent ("while under the influence of sudden passion or in a sudden fit of rage"). But it is still a 1st degree felony, and still carries a mandatory life sentence.

I covered all of this in my very next post:

Originally Posted by geko29
Spent some time reading the Ohio Criminal Code, and it appears those are in fact the exact names of the charges. Ohio has three "standard" murder charges:

Murder - 1st degree felony (this is what she was charged with)
Voluntary Manslaughter - 1st degree felony (some states would call this 2nd degree murder)
Involuntary Manslaughter - 3rd degree felony, unless it occurred during the commission of a 1st or 2nd degree felony, then 1st degree (felony murder rule)

Last edited by geko29; Aug 24, 2023 at 05:03 AM.
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Old Aug 24, 2023 | 06:24 AM
  #47  
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I don’t think anybody denies the intent, but what that conviction you defined does not say is that it was premeditated. A first degree felony is not murder in the first degree. Second degree murder is also intentional.
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