Can You Be Charged with Murder if Someone Dies from Your Drugs?

The short answer? You can. Effective September 2023, individuals in Texas can be charged with murder if they provide someone with a fatal dose of fentanyl. House Bill 6 also classifies overdoses from fentanyl as “poisoning” as an alternative to “toxicity” on death certificates.

Just a few months ago a grand jury returned the first fentanyl-related murder indictment in Texas under these new laws. A Fort Worth man is facing murder charges after he allegedly sold fentanyl-laced pills that killed a young man in September. The district attorney’s office said in a statement, “As of Sept. 1, 2023, a new Texas law allows a person to be charged with murder if they supply or distribute fentanyl and it leads to a death. This is the first fentanyl murder case in Tarrant County and is being handled by the DA’s new Narcotics Unit.”

Per the Texas Tribune:

Supporters of the legislation argue the enhanced penalties give law enforcement more tools to help address a growing crisis in the state by holding dealers accountable.

Over two years, from fiscal year 2019 to 2021, overdose deaths involving fentanyl in the state rose nearly 400%. The Centers for Disease Control and Prevention estimates that more than 5,000 people in Texas died of drug overdoses between July 2021 and July 2022.

Texas joins about 20 other states that have drug-induced homicide statutes, which allow people to be charged with murder for even the social sharing of drugs.

Although these laws are aimed at drug dealers, it’s important to know that anyone can be arrested under them. For example, in another case, a toddler died after ingesting fentanyl in her parents’ bedroom. Her parents have been arrested for her murder for bringing fentanyl into the house. They are currently awaiting trial.

What are drug-induced homicide laws?

Drug-induced homicide laws are rules that hold people responsible for giving drugs to others who then die from using those drugs. These laws are meant to stop drug-related deaths and punish those who provide drugs that lead to someone’s death.

Here are some key points about these laws:

• Who they target: Drug-induced homicide laws focus on people who sell, give away, or provide drugs to others that result in death.
• Connection to death: To be charged under these laws, there must be a direct link between the drugs given and the death of the person who used them. Prosecutors must prove that the drugs provided by the person caused the victim’s death.
• Intent or knowledge: In some places, prosecutors need to show that the person who gave the drugs knew or should have known that the drugs could cause death or serious harm.
• Penalties: Penalties for breaking these laws can be severe, including long prison sentences and hefty fines.

There is debate about these laws. Some people worry that they might stop others from seeking help for overdose victims because they’re afraid of getting in trouble. Others think these laws are important for holding drug suppliers accountable and deterring drug-related deaths.

What are the defenses to drug-induced homicide?

Defending against fentanyl-related charges can be challenging, but not impossible. Our drug crime defense lawyers in Killeen can employ defenses to these charges, including:

• Challenging the evidence: We will investigate the circumstances surrounding the alleged crime, question the validity of the evidence, and point out any errors or inconsistencies.
• Lack of causation: The prosecution has the burden of tying the death to the fentanyl distributed by the defendant. Any break in the chain of causation is a defense – for example, if the victim ingested drugs from other sources, they may be the primary cause of death.
• Lack of intent: The prosecution must prove that you knowingly or intentionally distributed drugs. Our Killeen drug crime defense attorneys will work to prove that the distribution was accidental, unknowing, or involuntary.
• Illegal search and seizure: If the evidence against you was obtained through an illegal search and seizure, we may seek to have that evidence suppressed, which could weaken the prosecution’s case.

If you’re facing drug-induced homicide charges, you should seek the advice of our qualified criminal defense attorneys to discuss the best strategies for your particular situation.

What are the penalties for drug-induced homicide?

If you are convicted of drug-induced homicide in Texas, you could face severe penalties, including imprisonment, fines, and other legal consequences. Here are some potential penalties for drug-related offenses and homicide charges in Texas:

• Delivery of controlled substance resulting in death: Under Texas law, delivering a controlled substance that results in death can lead to enhanced penalties. Depending on the circumstances, this offense can result in charges ranging from a second-degree felony to a first-degree felony. Penalties may include imprisonment ranging from 2 years to life, and fines up to $10,000.
• Murder or manslaughter charges: If a person is accused of intentionally causing the death of another individual through the distribution or sale of drugs, they may face murder or manslaughter charges. Penalties for murder or manslaughter convictions in Texas can include imprisonment ranging from several years to life, and fines.
• Drug trafficking and distribution offenses: Individuals involved in drug trafficking or distribution activities can face serious penalties under Texas law, including lengthy prison sentences and significant fines.
• Possession of controlled substances: In addition to charges related to drug-induced homicide, individuals found in possession of controlled substances in Texas can face separate penalties, including imprisonment and fines, depending on the type and amount of drugs involved.

It’s important to consult with a qualified criminal defense attorney in Texas if you or someone you know is facing drug-related charges or homicide charges. We can provide you with guidance on the specific laws and potential penalties applicable to your case and help develop an effective defense strategy.

At Mary Beth Harrell Law Firm, our priority is securing you the best possible outcome for your case. If you have been charged with murder or drug-induced homicide, we can help. Talk to us today to find out how our Killeen criminal defense attorneys can defend you from these charges – we work to have them dropped or reduced. We understand what you’re going through and we want to help with your case. Call us or fill out our contact form to schedule a consultation with an experienced defense attorney today. We maintain an additional office in Copperas Cove, and proudly serve Belton, Harker Heights, Waco, Williamson County, Bell County, Coryell County, and McLennan County.