In Pennsylvania, when a person dies from consuming illegal drugs or controlled substances, the law can hold the person responsible for distributing and selling those drugs criminally liable for the victim’s death. Pennsylvania calls this crime “drug delivery resulting in death” (DDRD). Because the offense involves a person’s death, a DDRD conviction can result in severe consequences, including decades in prison and substantial fines. If you’ve been charged with DDRD, a knowledgeable, dedicated drug defense attorney can evaluate your options and pursue a favorable resolution to your case.
Understanding DDRD in Pennsylvania
Under Pennsylvania’s statute for drug delivery resulting in death, a person commits a first-degree penalty if they intentionally administer, dispense, deliver, prescribe, sell, distribute, or give a controlled substance or counterfeit controlled substance in violation of Pennsylvania’s Controlled Substance, Drug, Device, and Cosmetic Act, and another person dies from using that substance. The law seeks to criminally punish people engaged in the distribution or selling of dangerous drugs that can cause death from abuse or misuse, including from overdosing or dangerous mixing of drugs.
Penalties for Drug Delivery Resulting in Death Convictions
A person convicted of drug delivery resulting in death in Pennsylvania may face a prison sentence of up to 40 years. Furthermore, the commonwealth can file a forfeiture petition to force a convicted defendant to forfeit any assets gained through drug distribution or delivery, including cash and property purchased with cash earned through drug distribution. Courts can also impose fines as part of a sentence for drug delivery resulting in death; however, the court may not impose a fine against any asset subject to the commonwealth’s forfeiture petition.
Legal Defenses to a DDRD Charge
When facing DDRD charges in Pennsylvania, you may have various factual or legal defense strategies to challenge the commonwealth’s case, depending on the facts and circumstances surrounding your charges. A criminal defense attorney can present defenses to DDRD charges, such as:
• Challenging the Legality of Law Enforcement Searches – A defense strategy can involve moving to exclude the prosecution’s evidence because investigators obtained it in violation of your rights, including by conducting searches without a warrant or probable cause.
• You Did Not Distribute or Sell the Drugs That Caused the Victim’s Death – You might contest the sufficiency of the commonwealth’s evidence proving that you sold or distributed drugs that the victim ultimately obtained and consumed.
• The Drugs Did Not Cause the Victim’s Death – You may contest a DDRD charge by arguing that the victim died from causes unrelated to their consumption of drugs. This defense may require you to present expert medical testimony to opine on the cause(s) of the victim’s death.
Contact an Experienced Drug Defense Attorney Today
If you face charges of drug defense resulting in death in Pennsylvania, you need experienced legal counsel to safeguard your rights, freedom, and future from the consequences of a conviction. Contact Chieppor & Egner, LLC, today for a free, confidential consultation with our experienced team to discuss your legal options for resolving your charges.
