The state of Texas has enacted a law creating the offense of fentanyl murder. This legislation, which took effect September 1, 2023, targets individuals who sell or otherwise distribute fentanyl to recipients who die as a result of taking the powerful synthetic opioid.

Texas now joins about 30 states that have enacted drug-induced homicide statutes, allowing people to be charged with murder even for social sharing of drugs.

The new Texas law makes fentanyl distribution resulting in death a first-degree felony. The law requires the death certificate to state fentanyl poisoning or fentanyl toxicity as a cause of death if a toxicology examination of the decedent reveals fentanyl present in a lethal amount or concentration and if the autopsy results are consistent with opioid overdose as the cause of death.

In general, the penalties for conviction for delivery of fentanyl are tied to the amount of the drug that is delivered. For an aggregate weight of between 200 grams and 400 grams, the punishment range is 10 to 99 years in prison, plus a fine of up to $100,000. For more than 400 grams, the prison term is 15 to 99 years and the maximum fine is $250,000.

Defending against fentanyl murder charges can be challenging, but several strategies can be employed to protect the rights and interests of the accused. They include the following:

• Challenging the evidence — As in any criminal case, the evidence presented by the prosecution must be rigorously scrutinized. A defense attorney will investigate the circumstances surrounding the alleged crime, question the validity of the evidence and identify any potential errors or inconsistencies.
• Lack of causation — The burden is on the prosecution to tie the death to the fentanyl distributed by the defendant. Any break in the chain of causation can be a defense. If the victim ingested drugs from other sources, these may in fact have been the prime cause of the death.
• Proving lack of intent — To secure a conviction, the prosecution must prove that the defendant knowingly or intentionally distributed fentanyl. A defense attorney may be able to prove that the distribution was accidental, involuntary or unknowing.

In some cases, it may be more beneficial for the accused to negotiate a plea bargain that reduces the charges and penalties. If you are facing fentanyl murder charges in Texas, it is crucial to seek the assistance of an attorney with experience in drug crime defense who can protect your rights and expose all weaknesses in the prosecution’s case.

A Texas drug crime conviction can bring severe and lasting consequences. Tylden Shaeffer, Attorney at Law, P.C. in San Antonio has the skill and experience to pursue the best outcome available in your case. To schedule a free consultation, call (210) 227-1500 or contact us online.