What Is Death by Delivery? 5 Things You Need to Know
Any criminal involvement with illegal drugs is a slippery slope that can soon lead to more severe charges. You never know what could happen when you sell drugs or give them to other people, and that type of misstep could land you in big trouble. This reality is what you face when you receive a death-by-delivery charge in Pennsylvania.
What is death by delivery, you may ask? According to the Pennsylvania General Assembly, if you sell or otherwise give an illegal or controlled drug to someone else and that person dies as a result of that action, you will face a felony charge for their death under the death by delivery law. Understanding what death by delivery in Lancaster County, PA, can be an overwhelming challenge for those facing criminal charges.
These laws, which address the severe consequences of delivering controlled substances that result in death, are often mired in intricate legal language that can leave individuals feeling anxious and uncertain about their future. On top of the legal repercussions, you may even be dealing with the guilt and devastation over losing a friend or someone you loved.
Defending yourself against charges of death by delivery is not an easy task. However, a solid defense is necessary if you want to avoid the felony charge and possible time behind bars. The best place to start is by understanding the law better and then scheduling a consultation with a reputable defense lawyer, like Attorney Marinaro.
1. The Legal Definition of Death by Delivery
So, what is death by delivery? Death by delivery is a legal term that refers to an act when an individual intentionally administers, dispenses, delivers, gives, prescribes, sells, or distributes a controlled substance that results in the death of another person. This crime could involve illegal drugs or even prescription medications that are misused.
The law aims to hold drug dealers and distributors accountable, imposing severe penalties, including up to 40 years in prison. It’s crucial to understand that the prosecution must establish a direct link between the delivery of the controlled substance and the person’s death. Those facing such charges require the expertise of a seasoned criminal defense attorney to navigate these complex legal waters and to ensure a robust defense.
2. Consequences of a Conviction Include up to 40 Years in Prison
A conviction for death by delivery can lead to severe consequences, fundamentally altering the course of a person’s life. The penalty for this crime is typically a prison sentence. There is no minimum guideline given under the law.
It is up to the court’s discretion as to how many years you spend behind bars. However, the law does put a maximum limit of 40 years on the sentence.
This harsh punishment reflects the gravity with which the law views the delivery of controlled substances or counterfeit controlled substances, resulting in death. The sentence aims to deter drug-related activities that substantially threaten public safety.
Moreover, a conviction can result in a permanent criminal record, impacting future employment opportunities and personal relationships. It also carries social stigma and financial burdens due to legal costs and potential fines.
Given these high stakes, it’s imperative for individuals facing such charges to secure experienced legal representation. A seasoned attorney can provide critical insights into defense strategies, challenge evidence, and potentially negotiate reduced charges, all of which are essential for navigating the complexities of the legal system effectively.
3. A Drug Delivery Resulting in Death Is a Serious Crime
Drug delivery resulting in death (DDRD) is regarded as a grave offense within the criminal justice system, as it is quite similar to a murder charge. The basic idea is that you caused another person’s death. The charge is a first-degree felony. Not only do you face prison time and fines, but you also have a felony charge on your record, which has many consequences beyond your initial sentence.
The seriousness of the charge stems from its life-altering consequences, not only for the victim’s family but also for the accused. The law seeks to address the devastating impact of the opioid crisis and other drug-related fatalities by imposing stringent penalties. Prosecutors take these cases seriously, often pursuing maximum sentences to demonstrate zero tolerance for drug-related deaths.
4. Intent Is Not Important
There is no mention of intention anywhere in this law. That is because death by delivery does not require intent to kill. It is very much accidental, but because your initial actions are illegal, any drug delivery resulting in using the substance that leads to death becomes your responsibility. It also does not matter how the person used the drugs, controlled substance, drug-device, or any other details of the situation.
Instead, the focus is on whether the delivery or distribution of the controlled substance occurred and whether it led to the fatality. The death by delivery law could be on the table every time an individual sells or gives drugs to another person. It is a severe charge you could face.
This legal nuance can significantly complicate defense strategies for those facing such charges. A skilled criminal defense attorney is essential in these situations, as they can explore alternative angles, such as questioning the causal link between the delivery and the death. Understanding this aspect of the law can be crucial for mounting a robust defense, highlighting the importance of knowledgeable legal counsel.
5. You Need a Drug Crimes Lawyer
Facing charges of drug delivery resulting in death necessitates the expertise of a seasoned drug crimes lawyer. The complexities of these cases, combined with the severe consequences, require skilled legal navigation. An experienced attorney can dissect the intricate legal language and procedural aspects, providing crucial insights into your rights and potential defenses.
When you work with Attorney Marinaro at Marinaro Law Firm in Lancaster, PA, he can challenge the prosecution’s evidence, question the causal relationship between the delivery and death, and work towards reducing charges or negotiating plea deals. With his robust history and forensic expertise, Attorney Marinaro offers the aggressive representation necessary to defend your rights. Contact us to ensure you have a trusted ally in the courtroom.
Don’t Face the Courts Alone. Schedule Your Consultation with Us Today!
Confronting the legal system on your own, especially under accusations as serious as drug delivery resulting in death, can be daunting and risky. The stakes are high, with your freedom, reputation, and future hanging in the balance. At the Marinaro Law Firm, our commitment is to provide you with the robust defense and support you need.
With over 30 years of legal experience, Attorney Michael Marinaro offers unparalleled expertise, particularly in drug-related offenses. His background as a former forensic scientist uniquely equips him to scrutinize the evidence with precision and challenge inconsistencies that could be pivotal in your case.
We understand the urgency and complexity of your situation, which is why we encourage you to reach out and schedule a consultation. We’ll answer all your questions, including “What is death by delivery?” Let us stand by your side, guiding you through every legal challenge with diligence and focus. Contact us today to begin building a formidable defense strategy.
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