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How selling fentanyl can lead to murder charges

On Behalf of | Jun 25, 2024 | Drug Crimes

In Texas, Fentanyl dealing can lead to murder charges under certain circumstances. If a person knowingly sells or delivers fentanyl to another individual, and that individual subsequently dies because of using the drug, the dealer can be charged with murder. This is based on the legal principle that a person can be held criminally responsible for the foreseeable consequences of their actions. It is an important distinction – while fentanyl dealing charges are a felony, the charges escalate to at least a second-degree felony if the buyer overdoses and dies.

Proving the charges

Considering the lethal nature of the drug and the high number of overdoses, this situation is far more common than people might think. It depends on a person’s body size, tolerance and past usage, but only 2 milligrams of fentanyl can be a lethal dose. The key elements for such a charge typically include:

  1. The dealer sold or delivered fentanyl to the victim.
  2. The victim died as a result of using the fentanyl.
  3. The dealer knew or should have known that the fentanyl could result in death.

Cases are rarely cut and dried

However, these cases can be complex and require substantial evidence to prove. The prosecution must demonstrate beyond a reasonable doubt that the fentanyl sold by the dealer was the direct cause of the victim’s death. Cases often involve toxicology reports, witness testimonies, and sometimes expert witnesses.

It’s also important to note that laws and their interpretations of the evidence will vary. Those at risk of facing such charges should consult with a criminal defense attorney with experience handling felonies like fentanyl dealing and murder.