Can a Drug Dealer be Charged with Murder for an Overdose Death?
by
Randy Collins on Dec. 26, 2016
Criminal Felony Criminal Misdemeanor Criminal DUI-DWI
Summary: Prosecutors have been getting tough on drug dealers whose customers die from drug overdosing. Heroin dealers have been targeted as cases of heroin users overdosing have been on the rise nationwide.
Prosecutors have been getting tough on drug dealers whose customers die from drug overdosing. Heroin dealers have been targeted as cases of heroin users overdosing have been on the rise nationwide. Charging dealers with murder marks a new shift in the war on drugs even as the authorities look they are softening their hard-line stance on other drugs.
Tougher Charges
the authorities in law enforcement and the politicians have been looking to reduce population prisons by going softer on drugs for recreational use. However, prosecutors are getting tougher on heroin dealers. They are pressing serious charges and asking for harsher punishments. Examples include:
- A man was charged with murder in Miami after he gave heroin to a woman who died after passing out. The man failed to call 911.
- A man was charged a man with second degree murder by the East Baton Rouge Sheriff Office after his heroin customer died from an overdose.
- A couple was charged with involuntary manslaughter after a customer overdosed in Ohio.
- A bill has been passed in The Ohio House of Representatives allowing dealers to be charged with murder customer dies of an overdose.
The Department of Justice has also gotten tougher on cases involving OD deaths. A man was sentenced to prison for 20 years after his client died from a heroin OD. The man was found guilty of "Distribution of Heroin Resulting in Death."
Prosecutors' decisions
Heroin cases have shown differences in prosecution, charges and punishment when there is a death from an overdose. The trend of charging dealers with murder has been largely for heroin cases but the kinds of charges on the dealer seem to be largely dependent on the decisions of the prosecutors.
Proving first degree murder requires the prosecutor to show that there was a premeditation and intent to kill the victim. This is hard to prove in a drug case. In a second degree murder charge the prosecutor is required to show that the accused acted in dangerous conduct and showed no concern for the victim’s life. This is easier to prove in a drug case as the dealer was dealing in a substance likely to cause death. Involuntary manslaughter requires the prosecutor to show that the accused acted with disregard for the victim’s life and he was in knowledge of the consequences this dangerous conduct. This can also be proved in a drug overdose case.
The degree of seriousness of a crime can vary from state to state. It is advisable to contact a criminal attorney in the event you are charged with a crime.