Shifting Blame for Overdose Deaths: The Crime of Dealing Resulting in Death

Brandon Murphy • March 9, 2023

Prosecutors are too eager to use Indiana's recent and severe Dealing Resulting in Death statute.

As one of the most serious crimes in Indiana, Level 1 felony dealing resulting in death carries severe penalties for those convicted. If you or someone you know is facing charges related to this crime, it is crucial to work with a criminal defense attorney who has extensive experience and knowledge of Indiana's criminal justice system.


What is Level 1 Felony Dealing Resulting in Death?


Under Indiana law, Level 1 felony dealing resulting in death occurs when an individual knowingly or intentionally delivers, sells or finances the delivery of a controlled substance to another person, and that person dies as a result of using the substance. The controlled substance in question is often an opioid (commonly fentanyl), methamphetamine, cocaine or any other illegal drug categorized in certain schedules of the Controlled Substances Act.


Penalties for Level 1 Felony Dealing Resulting in Death


The penalties for a level 1 felony conviction are severe. If convicted, you could face a prison term of twenty (20) to forty (40) years. In addition to the prison sentence, and a fine could be imposed up to $10,000. Under Indiana law, the minimum term of twenty (20) years is non-suspendible (otherwise called a "mandatory minimum"), meaning the judge must sentence the convicted individual to at least twenty years in prison.  If you have prior drug convictions or other criminal history, the penalty could be even more severe.


Defending Dealing Resulting in Death Charges


If you've been charged with Level 1 felony dealing resulting in death, the prosecution must prove beyond a reasonable doubt that you knowingly sold or delivered or financed the deliver of a controlled substance to the victim. If your attorney can show a reasonable doubt as to whether you were involved in a transaction with the victim, that could present a defense to the charge. If your attorney can show that the defendant believed the substance was something other than a drug in schedules I or II of the Controlled Substances Act, that could constitute a defense to the level 1 felony charge. Likewise, if there are multiple drugs in the system which might have caused death, your attorney may be able to raise a reasonable doubt that the substance delivered by the defendant caused death.


In addition, there could be chain of custody, suppression or other evidentiary issues created by a dealing resulting in death prosecution. Police officers may make similar mistakes as in other cases, such as failing to properly interrogate the Defendant, violating the Defendant's rights in a search of his or her home or cell phone, for example, or failing to collect or maintain evidence properly. A thorough evaluation of the autopsy report for a specific cause of death is also important in these cases.


Contact an Experienced Criminal Defense Attorney Today


If you are being investigated for or being charged with Dealing Resulting in Death, do not delay in hiring an attorney. It is crucial to work with an experienced and qualified criminal defense attorney who can advise you on the evidence, the charges and the possible penalties. Attorneys Brandon Murphy and Patrick Wright at Cannon Bruns & Murphy have handled a number of these rare cases and are ready and willing to work with you. The earlier an attorney becomes involved in a case like this, the more able they will be to guide you to the correct outcome and prevent common missteps by defendants early in investigations. Contact us today to schedule a consultation and learn more about how we can help you with your case.

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