Felony Drug Crimes Involving a Death

Drug manufacturing and distribution, or drug dealing, are taken extremely seriously in Indiana, and convictions often result in sentences of many years in prison, depending on the type of substance and other relevant factors. If you are arrested for selling a controlled substance in the Indianapolis area, it is critical to develop a strong defense even if there are no known serious or life-threatening injuries from the drug distribution. Yet when a person dies after using a controlled substance that you made, delivered, or provided in another way, the penalties are going to be much more severe. In short, any drug dealing offense that results in another person’s death is likely to be charged as one of the most serious felony-level offenses available in Indiana.

If you were arrested for drug dealing in connection with another person’s death, it is critical to seek legal advice as soon as possible. Our Indianapolis drug crime defense lawyers can provide you with additional information about this offense in the meantime.

Dealing in a Controlled Substance Resulting in Death 

Under IC 35-42-1-1.5, there is a specific offense of “dealing in a controlled substance resulting in death.” This offense is tied to other particular drug dealing offenses under the Indiana Code related to dealing in cocaine or a narcotic drug, dealing in methamphetamine, manufacturing methamphetamine, or dealing in a schedule I, II, or II controlled substance.

According to Indiana law, it is a Level 1 felony if a person knowingly or intentionally manufactures or delivers a controlled substance or controlled substance analog in violation of one of the above dealing or manufacturing offenses, and that dealing or manufacturing results in death.

Lesser felony charges may be brought — Level 2 felony or Level 3 felony charges — in circumstances where a person manufactures or delivers a controlled substance that results in death after being “used, injected, inhaled, absorbed, or ingested.”

Penalties and Defenses 

A Level 1 felony is the most serious type of felony offense (outside murder charges). Upon conviction of a Level 1 felony, a person can face up to 40 years in prison and a fine of up to $10,000. Level 2 felonies carry a prison sentence of 10 to 30 years, and Level 3 felonies carry a prison sentence of 3 to 16 years.

Possible defense strategies should be discussed with a lawyer and tailored to the particular facts of your case. However, it is important to know that, under IC 35-42-1-1.5, it is specifically not a defense to show that the death occurred after a person voluntarily used, injected, inhaled, absorbed, or ingested the substance, or as a result of one of the above actions in combination with alcohol use or another substance.

Contact Our Indianapolis Drug Crime Defense Attorneys for Assistance 

Anyone who is facing drug dealing charges, and especially those involving the death of another person, should seek legal advice about developing a defense strategy as soon as possible. As we discussed above, you could face up to Level 1 felony charges for dealing in a controlled substance resulting in death, so it is crucial to have an experienced lawyer on your side. Contact an experienced Indianapolis drug crime defense attorney at Rigney Law LLC today to find out more about the defense services we provide to clients facing criminal charges in Indiana.

Source:

casetext.com/statute/indiana-code/title-35-criminal-law-and-procedure/article-42-offenses-against-the-person/chapter-1-homicide/section-35-42-1-15-dealing-in-a-controlled-substance-resulting-in-death