Distribution of Controlled Substances Resulting in Death or Serious Injury

Under federal law, the distribution of controlled substances resulting in death or serious injury is a severe offense, typically charged under 21 U.S.C. § 841(b)(1)(C). This provision carries a mandatory minimum sentence of 20 years if the prosecution can prove that the distributed drug caused a person’s death or serious bodily injury. For California-based lawyer Nate Crowley defending against such a charge requires a comprehensive strategy addressing both legal and factual issues.

The key element in these cases is causation. The government must establish beyond a reasonable doubt that the drug distributed by the defendant was a but-for cause of the victim’s death or serious injury. In other words, the government must show that, but for the ingestion of the drug provided by the defendant, the harm would not have occurred. This standard, clarified in the Supreme Court’s decision in Burrage v. United States (2014), is often difficult for the prosecution to meet, especially when the victim had multiple substances in their system or pre-existing health conditions.

A crucial defense strategy involves scrutinizing toxicology reports and expert witness testimony. A strong argument can be made that other factors—such as the presence of other drugs or underlying medical issues—contributed to the harm. Moreover, challenging the chain of custody and reliability of the evidence is essential to ensure the government meets its burden of proof.

California Distribution of Controlled Substances Resulting in Injury or Fatality

In California, distributing controlled substances that result in death or serious bodily injury is a grave offense with severe legal repercussions. Under California Health and Safety Code §11353, individuals who furnish, sell, or administer drugs leading to injury or fatality can face heightened penalties. This charge may be brought in cases involving opioids, fentanyl, heroin, or other dangerous narcotics.

If the distribution leads to a fatal overdose, the accused may face manslaughter or second-degree murder charges under the “implied malice” theory, depending on the circumstances. Penalties include lengthy prison sentences, significant fines, and parole restrictions.

Legal defenses might involve disputing causation—proving that the drugs provided did not directly cause the injury or death—or challenging the reliability of evidence and witness testimony.

If conviction appears likely, negotiating a plea deal that avoids the harsh mandatory minimum sentence is often in the client’s best interest. Presenting evidence of the defendant’s lack of intent to cause harm and their willingness to participate in rehabilitation can persuade the court to impose a more lenient sentence. Defending against such charges requires the expertise of federal criminal defense lawyer Nate Crowley who has a detailed understanding of both the law and the science behind drug-related fatalities.

Charged With Murder After Distributing a Controlled Substance? Contact California federal criminal defense lawyer Nate Crowley.

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