Have prosecutors in North Carolina charged you with death by distribution? The law imposes severe penalties for people who distribute or sell illegal drugs that cause people to suffer fatal overdoses. As a result, you need dedicated, knowledgeable legal representation to help you seek a favorable outcome to your prosecution for death by distribution. The defense attorneys at Greene Wilson & Styron have extensive experience advocating for the rights and interests of clients facing the criminal justice system. Contact our firm today for an initial case review to discuss your charges and learn how we can help.
Understanding Death by Distribution
In North Carolina, the offense of death by distribution of certain controlled substances makes it a crime to distribute drugs that cause people’s deaths through overdose. A death by distribution offense differs from standard drug distribution or trafficking charges because it focuses on punishing an offender for the death of a person who overdoses on drugs sold or distributed by the offender. The statute makes it an offense to deliver or sell drugs that result in a person’s death via overdose. The “certain controlled substances” covered by the statute include:
- Opium or any opiate or opioid
- Any synthetic or natural salt, compound, derivative, or preparation of opium, opiates, or opioids
- Cocaine or any other natural salt, compound, derivative, or preparation of cocaine or coca leaves
- Methamphetamine
- Any depressants under Schedule IV of the North Carolina Controlled Substances Act
- Any mixture containing any of the above substances
Furthermore, the statute does not apply to any lawful distribution of controlled substances, such as via a valid prescription.
Elements of a Death by Distribution Offense
The required legal elements of a death by distribution offense will depend on the type of charge faced by a defendant. For a charge of death by distribution through unlawful delivery of drugs, the elements that the prosecution must prove include:
- The defendant unlawfully delivered at least one controlled substance.
- The ingestion of the drugs caused the user’s death
- The unlawful delivery of the drugs proximately caused the victim’s death
For a charge of death by distribution through unlawful delivery with malice, the prosecution must prove:
- The defendant unlawfully delivers a controlled substance
- The defendant acted with malice, which includes a deliberate intent to cause harm or a reckless disregard for human life
- The ingestion of the drugs caused the user’s death
- The unlawful delivery of the drugs proximately caused the victim’s death
For a charge of death by distribution through the unlawful sale of controlled substances, the prosecution must prove:
- The defendant unlawfully sold at least one controlled substance.
- The ingestion of those drugs caused the user’s death
- The unlawful sale of the drugs proximately caused the victim’s death
Types of Charges
The death by distribution statute recognizes standard and aggravated charges. Regular death by distribution through unlawful delivery constitutes a Class C felony. In contrast, death by distribution through unlawful delivery with malice or death by distribution through unlawful sale constitutes a Class B2 felony. Conversely, aggravated death by distribution through unlawful sale constitutes a Class B1 felony. The law defines aggravated death by distribution through unlawful sale as:
- A defendant unlawfully sells at least one certain controlled substance
- The ingestion of the controlled substance or substances causes the user’s death
- The unlawful sale of the controlled substance proximately caused the victim’s death
- The defendant has a prior conviction in North Carolina for death by distribution, drug distribution, or drug trafficking, or a prior conviction in any state or federal court for a substantially similar offense, within the past 10 years (excluding any time spent in incarceration or detention)
The statute makes death by distribution through unlawful sale a lesser included offense of aggravated death by distribution.
Penalties and Consequences
The penalties that a court may impose for a conviction for death by distribution will depend on the grading of a defendant’s charge, the defendant’s criminal history, and whether a trial court finds that aggravating or mitigating factors outweigh the other. For a Class C felony, a defendant may receive a sentence ranging between 44 and 182 months. For a Class B2 felony, a defendant may receive a sentence ranging between 94 and 393 months. For a Class B1 felony, a defendant may receive a sentence ranging between 144 months and life without parole.
A conviction can have other consequences beyond prison time. Most importantly, a convicted defendant will receive a criminal record that may appear in background checks, making it challenging to seek employment, housing, or educational opportunities.
Defenses to Death by Distribution Charges
An individual charged with death by distribution in North Carolina may have various defenses against their charges. Common defense strategies used to fight death by distribution charges include:
- The defendant did not distribute or sell the drugs
- No evidence of the defendant’s possession of drugs
- The victim did not die from an overdose caused by drugs sold or distributed by the defendant
- The police conducted an unlawful search or seizure
How Can a Criminal Defense Attorney Help?
When you face death by distribution charges, a criminal defense attorney from Greene Wilson & Styron can help you protect your reputation, freedom, and future by:
- Independently investigating your charges to obtain all available evidence that can help us build a robust defense case for you
- Reviewing the facts and evidence to identify potential defense strategies
- Helping you understand your charges and the potential penalties or consequences you may face to help you make informed decisions throughout your case
- Challenging the prosecution’s case at every opportunity, including seeking to exclude unlawfully obtained evidence or dismiss your charges for inadequate evidence
- Fighting for the best possible outcome under the circumstances, even if that means going to trial
Contact Our Firm Today to Discuss Your Options
Following an arrest on suspicion of causing death by distribution, you need dedicated, experienced legal counsel to defend your rights and freedom. Contact Greene Wilson & Styron today for a confidential consultation with a drug defense attorney to discuss your options for seeking a favorable resolution to your charges.