Texas has very thorough criminal statutes. People can face criminal charges for many different activities involving drugs. The law makes it a crime to simply possess certain substances.
People can also face charges because they distribute drugs to other people. Even without financial gain, the act of transferring a substance to another person can lead to criminal charges. Prosecutors can also bring charges in cases in which drug use results in injury or death.
Recently, a Texas bill was signed into law that established a new drug-related offense. Prosecutors can now charge people with fentanyl murder under Texas homicide statutes.
What is fentanyl murder?
Murder charges typically require two important forms of proof. Prosecutors must establish that one party caused the death of another and that they intended to do so. For a first-degree murder charge, there even needs to be proof that someone premeditated the crime. However, fentanyl murder does not require an intent to cause harm.
Instead, it is a charge pursued against any individual who causes the death of another by distributing fentanyl to that person. People can face fentanyl murder charges for sharing leftover prescription medication. They can also face fentanyl murder charges for distributing drugs contaminated by fentanyl to others.
If the state can prove that one person provided the fentanyl to another person who then died, likely because of an overdose, then prosecutors can bring fentanyl murder charges against that person. The penalties for fentanyl murder are the same as they are for a standard murder case. Anyone convicted of a fentanyl murder offense could face between five and 99 years in prison, as well as a $10,000 fine.
The law that established fentanyl murder as a unique criminal offense in Texas also increased the criminal charges possible for fentanyl possession. Even small amounts of fentanyl can lead to felony charges and enhanced penalties when compared with the consequences of illegally possessing other controlled substances. People accused of fentanyl homicide may face significant charges unless they respond appropriately.
Reviewing the circumstances that led to prosecution can help defendants navigate a fentanyl murder charge. Drug charges and other serious crimes often require a proactive response from the people accused of breaking the law.
