Could You Be Guilty of Murder for a Drug Overdose Death?

Brittany’s story: 2015, Brittany gave her friend legally prescribed methadone pills in Wisconsin. Her friend overdosed and died. Brittany was then charged with murder. Brittany was not present when her friend overdosed on the drugs, and also advised her friend to take the drug with caution.

In 2020, the number of drug overdose deaths increased substantially. According to the US Center for Disease Control and Prevention, drug overdose deaths increased 30% in 2020. A significant reason for this may include depression and the lack of communication while in quarantine during COVID 19. The number of drug overdoses in 2020 was around 93,000. The use of meth further increased substantially in 2020. The covid-19 health crisis created a disturbing amount of drug overdose deaths. Unfortunately, some of us may find ourselves in a situation where we know a loved one has passed away due to a drug overdose, leading many to wonder if they could be found guilty of murder for preventing that drug overdose death.

Because of the increase in drug overdose deaths this last year, there is a lot of pressure on prosecutors to go after overdose deaths and charge defendants with homicide. Prosecutions for drug overdose are more common in the Northeast region of the country. This type of prosecution is referred to as a drug-induced homicide. Many defendants could be charged with drug induced homicide, such as drug dealers, friends who also took the drugs, and family members. Since the data for prosecuting these types of crimes are fairly new, there are no studies of reports done that directly show that prosecuting this type of homicide leads to a decreased amount of overdose deaths.

Understanding Opioids: What You Need to Know

Opioids are a specific category of drugs that encompass both legal prescription medications and illegal substances. Common examples include heroin, oxycodone, and Vicodin. These drugs interact with the nervous system to effectively numb pain, often inducing a sense of euphoria in users.

How Do Opioids Work?

When consumed, opioids bind to opioid receptors in the brain and spinal cord. This action intercepts nerve signals, reducing the perception of pain. While this mechanism makes opioids highly effective for pain management, it also contributes to their addictive potential.

Medical Use vs. Misuse

Opioids are sometimes prescribed for major surgeries or severe pain conditions. In these controlled settings, they can provide quick and effective pain relief. However, the risk of addiction remains high, especially if individuals continue to use these drugs beyond their prescribed duration or in higher doses.

The Addiction Risk

Despite their benefits in pain management, opioids are extremely addictive. Misuse of these drugs can lead to dependency, where individuals feel compelled to continue using them even when pain is no longer present. This misuse is a significant factor contributing to the opioid crisis.

Frequently Asked Questions

Q: What are the most commonly misused opioids?
A: The most commonly misused opioids include heroin, oxycodone, hydrocodone, and fentanyl. These substances are known for their high potential for addiction and severe withdrawal symptoms.

Q: Can prescription opioids lead to addiction?
A: Yes, even when taken as prescribed, opioids carry a significant risk of addiction. Prolonged use can lead to tolerance, where higher doses are needed to achieve the same pain-relieving effects, increasing the risk of dependency.

Q: What are the signs of opioid addiction?
A: Signs include increased tolerance, cravings, neglecting responsibilities, and continued use despite negative consequences. Physical symptoms may also include drowsiness, confusion, and respiratory issues.

The Path Forward

Addressing opioid misuse requires a multifaceted approach that includes education, access to treatment, and policy changes. Increasing public awareness about the dangers of opioid addiction and expanding access to rehabilitation programs are crucial steps in mitigating this public health crisis.

Understanding Drug-Induced Homicides

Drug-induced homicides have become a pressing issue in communities across the nation. The most prevalent charges in these cases involve drug dealers distributing counterfeit drugs. These counterfeit substances are meticulously designed to resemble specific illegal drugs but contain entirely different and often more potent chemicals.

The Dangers of Counterfeit Drugs

These counterfeit drugs pose significant risks because users are unaware of their true composition. For instance, a pill that looks like a common street drug might actually contain a much stronger chemical, leading to unexpected and fatal consequences. One of the most alarming examples of this trend is the rise in Fentanyl toxicity cases. Fentanyl, a synthetic opioid, is up to 100 times more potent than morphine, making accidental overdoses tragically common.

The Rise of Fentanyl-Related Overdoses

Fentanyl has been identified as a leading cause of drug overdose deaths. According to recent reports, Fentanyl toxicity accounts for a significant percentage of overdose fatalities each year. The ease with which Fentanyl can be mixed into other drugs without the user’s knowledge exacerbates the danger, leading to a surge in drug-induced homicides.

For more detailed statistics on Fentanyl-related deaths, visit ABC7 News.

Legal Consequences for Drug Dealers

Drug dealers distributing counterfeit drugs face severe legal repercussions. Law enforcement agencies are increasingly prioritizing cases involving drug-induced homicides, recognizing the devastating impact these actions have on communities. Convictions in these cases often result in lengthy prison sentences, reflecting the gravity of these offenses.

Frequently Asked Questions

Q: What are the signs of Fentanyl overdose?

A: Common signs include extreme drowsiness, slowed or stopped breathing, unconsciousness, and pinpoint pupils. Immediate medical attention is crucial.

Q: How can communities combat the rise of counterfeit drugs?

A: Effective strategies include increasing public awareness, enhancing law enforcement efforts, and expanding access to treatment and support services for those struggling with addiction.

Preventative Measures and Community Support

Preventing drug-induced homicides requires a multifaceted approach. Communities must invest in education and prevention programs to inform individuals about the dangers of counterfeit drugs. Additionally, providing robust support systems for those battling addiction can reduce the demand for illicit substances.

Drug-induced Homicide Organizations

There’s currently a push by many nonprofit organizations to create drug-induced homicide laws so prosecutors could have a basis for charging defendants. Examples of organizations include The Drug-induced Homicide Organization and Health in Justice.

There is also a push from the other side who do not want drug-induced homicide laws passed. Many argue that this instead holds family and friends guilty rather than larger drug manufacturers and drug dealers. Further, this has more of a stronger effect on minority groups. They also assert that there has not been a correlation with drug-induced homicides and a decrease in overdoses. For example, Wisconsin has a high number of drug overdoses per year. They have enacted drug-induced homicide laws since 2011, and these drug overdose deaths are still on the rise consistently.

Understanding Drug-Induced Homicide Laws

Drug-induced homicide laws are legal statutes designed to hold individuals accountable when drug-related activities result in the loss of life. Currently, only about 20 states in the United States have enacted these laws. These statutes can charge community members with various offenses, including depraved-heart murder, voluntary manslaughter, or involuntary manslaughter.

The Scope of Drug-Induced Homicide Laws

These laws aim to address situations where drug distribution or related actions lead to fatalities. However, recent criticisms argue that some of these laws impose excessively harsh penalties that may not proportionately relate to the act of drug selling. For instance, there have been cases where family members are charged with murder simply for being present in the home during a family member’s overdose. This has created a climate of fear, discouraging witnesses from calling 911 during emergencies out of concern for potential legal repercussions.

Impact on Families and Communities

The enforcement of drug-induced homicide laws has profound implications for families and communities. Families may be reluctant to seek help in overdose situations, exacerbating the public health crisis. The fear of being charged with illegal drug possession or even murder can deter individuals from accessing life-saving services.

Frequently Asked Questions (FAQ)

Q1: What constitutes a drug-induced homicide?

A drug-induced homicide occurs when a death is directly linked to the distribution or sale of illegal drugs. This can include situations where an overdose occurs as a result of drug use initiated or facilitated by another individual.

Q2: Which states have drug-induced homicide laws?

As of now, approximately 20 states have enacted drug-induced homicide laws. These states vary in how they define and prosecute such cases, with some imposing stricter penalties than others.

Q3: What are the potential penalties under these laws?

Penalties can range from involuntary manslaughter charges to depraved-heart murder, depending on the severity of the case and the specific state laws. These charges can result in significant prison time and other legal consequences.

Q4: How do these laws affect public health efforts?

These laws can have a negative impact on public health initiatives by discouraging individuals from seeking immediate medical help during overdoses. The fear of legal consequences may prevent timely intervention, leading to higher mortality rates.

Recent Developments and Criticisms

Recent debates have highlighted the disproportionate penalties associated with drug-induced homicide laws. Critics argue that holding family members accountable for a loved one’s overdose solely based on their presence in the home is unjust and counterproductive.

Moving Forward: Balancing Justice and Compassion

As the opioid crisis and other drug-related issues continue to challenge communities, finding a balance between justice and compassion is crucial. Policymakers must consider the human impact of these laws and explore alternatives that protect public safety without deterring individuals from seeking necessary help.

California

Currently, California and Nevada don’t have drug-induced homicide laws passed. However, in February 12th 2021, s bill was introduced named Alexandra’s law that pushed for murder charges for anyone who causes a drug poisoning death. This bill was named after Alexandra Capuelouto, who passed away in 2019 from Fentanyl poisoning after she purchased a drug believing it to be oxycodone from a dealer. Now the parents are pushing for the dealer to be charged with murder.

California has a no duty to aid law, which means that one could not be held guilty for failing to assist someone who has overdosed on drugs. This was an acted in accordance with the overdose prevention law, which gave protections to those who are arrested from overdose. For example, people who call 911 reporting a drug overdose could not be held liable and convicted for possession of illegal drugs.

Fentanyl was the cause of more than half of drug deaths in Los Angeles in 2020.  Younger teens and adults are more likely to use this drug. A large portion of the fentanyl in California comes from drug cartels in Mexico. Many also social media to advertise the sale of these drugs. For example, a common social media site that is used for the sale of drugs is Craigslist.  Recently, a drug dealer was caught using SnapChat to reach out to those who wanted to purchase drugs. Prosecutors in Riverside County in California have already started to file drug charges against drug dealers.

Can Drug Dealers Be Held Guilty of Murder?

Yes. Oftentimes, the courts find those who distribute and sell illegal drugs guilty of murder when their customers ingest and then subsequently overdose on the drug. For example, on July 15, 2021, two drug dealers in Florida were faced with murder charges after a woman died from an overdose. The 22-year-old woman was found dead in a hotel room. After an investigation by the Orlando Police Department, they found the two drug dealers that sold her this unlawful drug. They are currently charged with murder. The woman had passed away due to a drug overdose on Fentanyl. Fentanyl, a powerful synthetic opioid, can be very addictive and is considered to be about a hundred times stronger than morphine. Usually, Fentanyl is used to treat cancer patients.

If you have been charged with murder, voluntary manslaughter, involuntary manslaughter, contact our experienced criminal defense attorneys today for a free consultation.

Our experienced criminal defense attorneys will work to determine what specific strengths and weaknesses you have in your case and determine the best legal strategy. Our experienced Los Angeles attorneys understand prosecutors and courthouses in Los Angeles and will be able to handle your case in a realistic way and work to get the justice you deserve.

***Disclaimer: This page is created by Heidari Law Group for educational purposes. This article provides a general understanding of the law. It does not provide specific advice. By using this site and reading through this page, there is no attorney-client relationship created between you and any member of Heidari Law. Further, due to the constant change of the law, some parts of the information above may no longer be good law.