If you supplied another person with drugs that led to an overdose death, it’s possible that a South Carolina court will bring criminal homicide charges against you. This can occur even in cases where you shared your drugs for free, not expecting payment for them.
Fortunately, an experienced criminal defense attorney can protect your rights and help direct you toward the best possible line of defense. If you’ve been accused of causing an overdose death in Spartanburg, South Carolina, or the surrounding areas, contact the Law Office of Mo Abusaft today.
How can you be charged for someone else’s overdose?
When individuals use illegal drugs recreationally, there is always a danger that someone may get hurt. Not only can too much of a substance cause internal injuries, but it can also cause an overdose death.
Some people believe that it is an individual’s own responsibility to monitor their substance intake and that the consequences should therefore be theirs to shoulder alone.
While this perspective may or may not be ethically sound, it doesn’t hold up in the eyes of the law. If you supply drugs to an individual who uses them and overdoses, the court might hold you criminally responsible for that individual’s death.
What might you be charged with if you are involved in an overdose death?
If you shared prescription pills or other drugs with a person who later overdosed on them, you may be vulnerable to charges for:
- selling or distributing drugs,
- transporting drugs,
- and even causing the other person’s death.
Lawmakers created these penalties to punish large-scale drug dealers who pose an extensive threat to the communities they operate in. However, these laws also apply to individuals who are sharing drugs and prescriptions with friends and family members.
Penalties from the Court of South Carolina
You may think that because you didn’t intend to cause any overdose deaths, the most serious charge you can face is involuntary manslaughter, which refers to the unintentional killing of another person. Unfortunately, courts have been known to charge individuals with second-degree murder for such offenses.
Drug crime penalties in South Carolina depend primarily on three factors:
- The drug’s federal classification
- Whether the drugs were intended for distribution or personal use
- Whether you have prior drug convictions
If you have been convicted of drug-related charges in the past, if you intended to sell the drugs for profit, or if the drug that caused the overdose death has a more serious federal classification (such as heroin and MDMA, which the federal government classifies as Schedule 1), you are especially vulnerable to more serious charges.
These charges may include manslaughter or second-degree murder.
Potential Lines of Defense for Overdose Death Charges
Our experienced attorneys at the Law Office of Mo Abusaft can walk you through your legal options for your defense. Here are a few possible lines of defense:
- You lacked the necessary intent to commit the offense
- The police arrested you based on information from an unreliable informant, such as a convicted drug dealer
- Someone else had exclusive control of the drug in question
- Your arresting officers failed to read you your Miranda rights
No matter what your circumstances are, our attorneys can work with you to figure out your best possible options.
Contact the Law Office of Mo Abusaft for a Free Case Review Today
Not all overdose deaths rise to the level of criminal responsibility for those who supplied the drugs, and an overdose death charge doesn’t mean that your life is over. A reputable criminal defense attorney can help provide you with a strong defense and work to protect your rights, freedom, and future.
If you’ve been arrested for overdose deaths in Spartanburg, South Carolina, or any of the surrounding counties, contact the Law Office of Mo Abusaft for a free consultation today.