Legal Question in Criminal Law in Ohio

murder charge

My son was convicted of aggravated assault in Ohio. The victim was hospitalized and had surgery for stab wounds inflicted by my son. The hospital left sponges in him during surgery and the victim had multiple complications. We just heard he died from the complications. My son is serving 10 years for his original conviction. Can he now be charged with murder?


Asked on 6/10/08, 10:35 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: murder charge

If your son has already been prosecuted for the attack, then a second prosecution by the state would be double jeopardy. It is possible, however, that the federal government will find a way to prosecute him -- perhaps for violating the victim's civil rights. Depending upon what happened, he might face other federal charges.

(A federal prosecution after a state prosecution is not double jeopardy. The same is true if the prosecutions happen in the opposite order. Double jeopardy only comes into play when the same sovereign authority prosecutes both cases.)

I'm struck by one aspect of your question. It seems that either your son's case proceeded very quickly or the victim died a long time after the attack. Is it possible that your son's conviction was for a different incident?

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Answered on 6/10/08, 2:42 pm


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