Death by Distribution

Selling drugs has long been illegal in North Carolina. However, in 2019, lawmakers passed legislation enabling prosecutors to bring homicide charges against anyone who sells drugs to another person who subsequently dies of an overdose. Since then, prosecutors have consistently brought death by distribution charges against those suspected of distributing dangerous drugs that resulted in an overdose death.

At the Olsinski Law Firm, PLLC, our Charlotte drug crimes lawyers have extensive experience defending clients charged with all types of narcotics offenses, including death by distribution and aggravated death by distribution. We understand the stakes these cases raise and are prepared to provide you with the defense you need, deserve and are entitled to.

Under North Carolina General Statutes § 14-18.4, death by distribution of certain controlled substances is a criminal charge prosecutors can bring against you if you sold or delivered drugs to someone who died from an overdose after ingesting them. There are three types of death by distribution offenses: one involving the “delivery” of narcotics without malice, one involving the delivery of narcotics with malice, and one involving the sale of narcotics.

Death by Distribution Through Unlawful Delivery of Certain Controlled Substances

This offense involves giving someone drugs, without payment, which results in their overdose-related death. The elements of the offense are:

1. You gave drugs to another person;
2. The person you gave the drugs to died after ingesting the drugs; and
3. Your act of giving the alleged victim the drugs was a proximate cause of their death.

Death by distribution through unlawful delivery of certain controlled substances is a Class C felony.

Death by Distribution Through Unlawful Delivery with Malice of Certain Controlled Substances

This crime involves the same elements as above but requires the prosecution to establish that you acted with malice. North Carolina’s definition of malice in this context is an inherently dangerous act or failure to act, done in such a reckless manner as to show you have no regard for human life or social duty.

Death by distribution through unlawful delivery with malice of certain controlled substances is a Class B2 felony.

Death by Distribution Through Unlawful Sale of Certain Controlled Substances

If you sold drugs and the person who bought them died of an overdose after taking the drugs you sold them, you could face charges of death by distribution through the unlawful sale of certain controlled substances. The elements of this offense are:

1. You sold drugs to another person;
2. The person you sold the drugs to died after ingesting the drugs; and
3. Your act of selling the alleged victim the drugs was a proximate cause of their death.

Death by distribution through unlawful sale of certain controlled substances is a Class B2 felony.

No, death by distribution doesn’t apply to the sale of all drugs; only “certain” drugs can give rise to these charges, including:

• Opium, opiates, and opioids (heroin, fentanyl, etc.),
• Cocaine and crack cocaine,
• Methamphetamine, and
• Depressants (Xanax, Clonazepam, Diazepam, etc.)

While North Carolina enacted a Good Samaritan defense, which provides limited immunity to those who seek medical assistance on behalf of another person who is experiencing an overdose, this immunity is not available to anyone charged with any of the death by delivery offenses.

If you were recently arrested after selling or giving away narcotics that caused another person to overdose, it is imperative that you enlist the help of an experienced Charlotte drug crimes lawyer. These offenses are among the most serious drug crimes in North Carolina, and, given society’s growing awareness of the opioid epidemic, police and prosecutors are strictly enforcing these laws. At the Olsinski Law Firm, PLLC, we’ve assembled a dedicated team of Charlotte death by distribution lawyers who are well-versed in the newly updated laws, the applicable defenses, and what it will take to provide you with the defense you need to ensure your interests are protected throughout the process. To learn more, and to schedule a free consultation today, call 704-405-2850, or connect with us through our secure online contact form.