What Is Drug-Induced Homicide?
Florida’s laws on drug offenses are some of the strictest in the nation. Any drug offense, even simple possession, is seen as a crime against society, and thus is prosecuted aggressively. If someone loses their life due to a drug overdose, this is no exception; the person who gave them their fatal dose will be prosecuted for what is known as drug-induced homicide. If you have been charged with this, it is crucial to enlist an attorney as quickly as possible.
No Intent To Harm Required
Drug-induced homicide, also known as ‘death by distribution,’ can be charged as anything from manslaughter to capital murder, depending on the specifics of a given situation. Normally, a murder charge requires a showing of intent to harm the victim, but in this case, drug-induced homicide is seen as so reckless and so indifferent to human life that it can be charged as murder instead of manslaughter.
In order to establish a case of drug-induced homicide, a state’s attorney must show that the deceased person lost their life as a direct result of the actions of another person – if that person distributed or provided the drugs that caused death, they are guilty of this offense. Causation is the key that can establish a person’s guilt or innocence, and it requires a knowledgeable attorney to protect your rights if you face this charge.
Potential Defenses
There are several potential defenses to this charge, but they do not all apply in every situation. By far the most common way of casting reasonable doubt on the state’s case is to argue that outside factors played a role in the deceased person’s passing. For example, if they took other drugs, either recreationally or while having a valid prescription, it may not be possible to link their passing to one specific substance.
In addition to the standard affirmative defenses, Florida also has one law that may apply in drug-induced homicide cases: its “Good Samaritan” law. This law states that a person who acts in good faith, seeking medical help for a person who has overdosed (or is believed to have been overdosed) should not be charged with a crime if the evidence would be the drugs involved in the overdose. In some cases, this may cause a state’s attorney to rethink their case – though this is far from common.
Contact A West Palm Beach Drug Crimes Attorney
Being charged with any drug-related crime in Florida is an intimidating prospect, but being charged with causing someone’s death due to drugs is terrifying for most people. A West Palm Beach drug crimes attorney from Perlet & Shiner, P.A. will ensure that your rights are protected during the legal process. Call our office today to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0782/Sections/0782.04.html
