People dealing with substance abuse issues or involved in the unregulated drug trade often underestimate their risk of prosecution. Individuals who share their medication or sell substances on the unregulated market are at legal risk. If they get caught in the act or while in possession of drugs, they could face criminal charges.
The state readily prosecutes anyone who is caught in possession of controlled substances or is implicated in their distribution. Typically, those involved in drug offenses face drug charges ranging from possession to trafficking allegations.
However, the state can also hold individuals personally responsible for another individual’s medical emergency. If one person supplies the drugs or medications that cause a fatal overdose, state prosecutors may pursue not just drug charges but also murder charges against the person who allegedly supplied the fatal substance.
Overdoses are on the rise
The increased supply of fentanyl and other opioid medications on the unregulated market has caused a surge in fatal overdoses. Frequently, people may not even be aware that there are powerful opioids mixed into the drugs that they acquire. They may then be at risk of a fatal overdose.
State prosecutors can and frequently do bring charges against those accused of supplying drugs that prove to be deadly. It is possible for prosecutors to pursue second-degree murder charges in cases involving fatal overdoses. The penalties for a felony charge of second-degree murder include up to 30 years in prison.
Other times, it may be possible for them to pursue felony murder charges. Felony murder charges involve accusations of one party causing the death of another during the commission of a felony crime. While the intent may not have been to deprive someone of their life, the impact outweighs the intent in such scenarios. Felony murder charges can carry a sentence of life in prison.
Lawmakers have even proposed increasing the penalties for people implicated in fatal overdose scenarios. Should that pending legislation pass, those accused of transferring drugs that caused an overdose may be at risk of even more serious penalties.
Thankfully, there are ways for those accused of drug-related murder offenses and similar crimes to defend themselves. Reviewing the state’s evidence is often the first step toward developing an effective defense strategy.