As many are aware, drug overdose deaths (especially from heroin) are sadly on the rise.  The increase might also lead to a larger number of criminal prosecutions.

 

Federal Prosecutions

 

Pursuant to Title 21, United States Code, Section 841(b)(1)(C), an individual who distributes heroin resulting in death or serious bodily injury faces a 20-year mandatory minimum sentence in federal prison (and up to life imprisonment).  In this situation, there is no requirement that the person intended for the death or serious bodily injury to occur nor is there a requirement that the person sold the heroin in exchange for money.  An individual who simply distributes or shares heroin with another person who subsequently suffers serious bodily injury or dies as a result of that heroin could be charged in federal court under the statute referenced above.

 

North Carolina Prosecutions

 

Furthermore, North Carolina also holds individuals who unlawfully distribute heroin (as well as other substances such as cocaine and methamphetamine) accountable when the ingestion of the heroin leads to death.  Pursuant to North Carolina General Statutes Section 14-17, a person who distributes heroin to another and the recipient uses that heroin and dies from such use or ingestion could be charged with second-degree murder.  The defendant could face at least 94-125 months and up to 157-201 months in prison even with no prior criminal record.

 

As a result, both heroin dealers and heroin addicts who share their drugs with others (that suffer serious bodily injury or die from using the heroin) face serious consequences and need to be aware of the potential punishments.

 

***NOTE:  This information does not constitute legal advice.  It is for informational purposes only.  With questions, please contact Weede Law, PLLC for a free initial consultation.