Can A Drug Overdose Be Prosecuted As Homicide?

Can A Drug Overdose Be Prosecuted As Homicide?

To fight the rising number of drug overdoses to fentanyl and other illegal drugs, many states have passed drug-induced homicide laws so drug dealers can be charged with murder in drug overdose fatalities. Texas does not have such a law yet, but things could change soon. Read more about prosecuting drug overdose deaths as homicide in this blog post, and if you have legal questions, talk to our Galveston County homicide lawyers at Mark Diaz & Associates today.

Drug Overdose Homicide Laws in Texas

Federal law states that drug dealers who sell opioids to someone who passes away from an overdose can be held liable for that death. Texas law as of today does not allow for this, but potential changes are brewing in the state legislature in 2023.

In March, the Texas Senate passed a bill to enhance the penalties stemming from the sale and production of fentanyl. If passed into law, this bill would classify overdoses from fentanyl as poisonings. In addition, Senate Bill 645 would potentially allow prosecutors to charge people with murder who make sell, and deliver this deadly drug.

Furthermore, the bill would enhance the penalty for making or delivering less than a gram of fentanyl to a third-degree felony from a state jail felony. If a person passes away from a drug overdose involving fentanyl, the penalty would be a second-degree felony. Only two milligrams of fentanyl can kill a person, depending on their size and tolerance.

Governor Greg Abbott and his allies in the state legislature are taking a tough-on-drugs approach to the problem with fentanyl in Texas, mainly by increasing the criminal penalties for using and selling it. This strategy has been criticized by some legal experts who maintain the policies just criminalize people who abuse the drug.

Also, some say that the move to charge people with homicide or sell or produce homicide has backfired in some states, possibly leading to more overdoses and charging friends and family with murder who were in the home when the person overdosed.

Senate Bill 645 Also Would Increase Penalties For Possession

Senate Bill 645 also will increase the punishments for making, delivering, or possessing substantial quantities of fentanyl. For example, having 200 to 400 grams of the drug would become a first-degree felony, which could result in 10 years to life in prison and a $100,000 fine. Possessing more than 400 grams also would be a first-degree felony that could lead to 15 years in prison and a $250,000 fine.

The potential changes in the law regarding charging drug dealers with homicide comes from the significant increase in fentanyl deaths in Texas. Overdoses involving the drug rose by almost 400% from 2019 when 333 people overdosed, to 1,662 in 2021. The CDC estimates that more than 5,000 people died from various drug overdoses in Texas between July 2021 and July 2022. Also, the CDC estimates that 75,000 Americans died between 2021 and 2022 because of overdosing on opioids, mainly fentanyl.

Fentanyl overdoses in the state have received more attention recently as the media has covered stories of young adults and teens who died from fentanyl overdoses. These users may have thought they were using Adderall in some cases, which is prescribed for attention deficit disorder. Sometimes those pills are sold online illegally and are laced with fentanyl and other deadly drugs.

However, even if the Senate bill becomes law, charging drug dealers with homicide still could be difficult for law enforcement. For example, how would a prosecutor prove that the person who sold or distributed the illegal drug knew it included fentanyl? Also, the people who sell or distribute the drug are not usually the same ones who manufacture it.

Other Drug Crimes In Texas

In Texas, drug dealers could soon be charged with homicide when someone overdoses on illegal drugs. We must watch what the state legislature does next in this area.

There are many other drug crimes in Texas, and being convicted for one can lead to serious consequences. Here are some of the common questions we receive on other drug crimes in the state.

Will You Lose Your Job If Convicted Of A Drug Crime In Texas?

It depends, but there is no guarantee that a drug conviction will not affect your employment in Texas. For many companies, a simple drug possession conviction is grounds to fire an employee. However, you also can find it more challenging to find a job with this conviction on your record.

Most employers run background checks on potential hires today. A conviction for a drug crime will often cost you that job. However, only some people who are charged with drug possession end up with a conviction on their record. The prosecutor may work out a deal where you can do community service or probation to avoid a criminal record.

Will You Be Expelled From School For A Drug Conviction?

All schools are different. Some colleges and universities will allow you to enroll and stay with a criminal record. But there is no guarantee. Most colleges have a code of conduct, and being convicted of any drug crime could get you expelled.

Can You Be Denied An Apartment Because Of A Drug Crime Conviction?

Yes, like employment, being convicted of a drug crime in Texas can prevent you from renting a house or apartment. Landlords can run a background check on you; it is up to them if they rent to you when you have a drug crime conviction.

Can You Lose Your Driver’s License For A Drug Crime Conviction In Texas?

Yes. Being convicted of a drug crime can suspend your license for up to six months. This includes marijuana possession. However, the driver’s license suspension is up to the judge and is not mandatory.

Should I Just Accept The Prosecutor’s Plea Deal For Drug Possession?

Rarely. In most cases, the only person who benefits when you plead guilty without talking to a lawyer is the prosecutor. While the prosecutor has many resources to convict you, they still have the burden of proof, and you usually have potential defenses available.

Also, remember that only an experienced criminal defense attorney can tell you if you are getting a fair plea deal. However, your attorney can compare your plea deal to others they have seen. Therefore, it is always beneficial to talk to a lawyer before taking a drug crime plea deal.

What Are Potential Defenses For A Drug Possession Charge?

A drug possession charge is severe, but only if you are convicted. There are many strong defenses to a drug possession charge that could result in the case being dismissed. For example:

Lack of Knowledge

You have to have known you possessed illegal drugs to be convicted. For instance, if you did not know the plastic bag you had contained illicit drugs, you did not commit a crime.

Valid Prescription

This is a valid defense if you have a prescription for the drugs in your possession. You have not committed a crime if you possess drugs that were prescribed to you by a doctor.

Violation Of Constitutional Rights

Sometimes the police violate the Constitution when conducting a search for drugs. If the evidence they collected was part of an illegal search, the evidence must be thrown out, which could make the case impossible to prosecute.

Is Marijuana Possession Illegal In Texas?

Yes. While some states, such as Arkansas and Oklahoma, have passed laws decriminalizing marijuana possession, it is still a crime in Texas. It bears watching what the state legislature does in this area in the future, but marijuana possession is still illegal.

Can You Be Charged With DWI For Being High On Drugs In Texas?

A DWI charge usually involves alcohol, but you can be charged if you were under the influence of drugs. The Texas Penal Code states that you are considered under the influence if you have a BAC of .08% or more, but it also applies if you were not in control of your faculties because of drugs or alcohol. If the police think you are under the influence of drugs, they will have a drug recognition expert evaluate you to determine if drugs were why, you were impaired.

Should I Get A Lawyer For Pleading Guilty To Possession?

Yes. Just because you plead guilty to a drug crime does not mean the county prosecutor will take it easy on you. You could still be sentenced to jail time and a fine. But a criminal defense attorney may be able to work out a lighter sentence.

Can I Get Probation For A First-Time Drug Possession Conviction?

Possibly. First-time offenders sometimes get probation and drug treatment instead of a jail sentence. Probation means you can return to your life if you meet certain conditions. For example, you would need to check in with a probation officer, take random drug tests, get drug treatment, and possibly do community service.

Contact Our Galveston County Drug Possession Lawyers Today

If you have been charged with a drug crime, you need legal help immediately. Our Galveston County Drug Possession lawyers at Mark Diaz & Associates will protect your rights and build the best defense against these serious charges. Please call (409) 515-6170 today.