Fentanyl Distribution Resulting in Death: Understanding the Serious Criminal Consequences

Opioid abuse remains an ongoing problem across the nation, and the drug fentanyl has become a particularly lethal substance used in many of these cases. This is because fentanyl is a very strong opioid; a small dose can cause death. Therefore, the police have begun to pursue harsh criminal penalties for those who are charged with providing a lethal dose of fentanyl to someone else.

If you are facing charges related to fentanyl trafficking, it is crucial that you know how seriously the court will take the charges.

When fentanyl cases receive special attention

Fentanyl is a man-made drug that is considerably stronger than morphine. In most cases, fentanyl is combined with other chemicals, and this has led to an increase in deaths caused by overdosing on the drug.

Fentanyl overdoses tend to have a crushing impact on victims and their families. Prosecutors tend to push for harsher sentences in cases where someone died as a result of an overdose.

What does “distribution resulting in death” mean? 

Typically, charges involve an accusation that the defendant has supplied or distributed fentanyl to someone else who subsequently died after taking the drug. The prosecutor must show a link between the distribution and the death.

The actual charges will vary in each case, but a charge that involves the death of an individual can make the case considerably more serious. In what would have only been a drug prosecution case, the prosecutor can make the allegation that the drug caused death.

Challenges in proving causation 

The most critical aspect that needs to be proven is the cause of death. It becomes the responsibility of the prosecution to establish that the presence of fentanyl supplied by the accused was instrumental in bringing about the death of a customer.

This can be quite complicated at times because it requires forensic experts to identify the actual drug responsible for the deadly overdose. This is particularly true when there are multiple drugs found in the victim.

It is often at this point that defense attorneys start challenging the arguments and opinions presented by forensic experts.

Potential defenses

Every single criminal case is different; however, there are some defenses that might occur when prosecuting a defendant for selling fentanyl.

To begin with, the defendant could contest the fact that they sold the alleged substance at all. The next possible line of defense could be disputing the connection between fentanyl and the cause of the victim’s death.

The credibility of witnesses and the legality of the police procedure could also become an issue. Due to their complicated nature, such crimes require a detailed investigation.

Talk to a Wilmington, DE, Drug Trafficking Lawyer Today 

Michael W. Modica represents the interests of Wilmington residents who are facing drug trafficking charges. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.