Drug Delivery Resulting in Death is an extremely serious offense. Drug Delivery in Death is a relatively new Pennsylvania statute that was drafted as a result of the large onset of individuals overdosing on Heroin mixed with fentanyl. In order to be found guilty of this very serious charge Drug Crimes Marijuana, the government must prove the following criminal elements beyond a reasonable doubt: First, the government must prove that the defendant intentionally delivers or gives or sells any controlled substance (but typically heroin) in violation of section 13(a)( (30) of the Pennsylvania Drug Act and that other person that the drugs were given to dies as a result of using the substance.
The crime of Drug Delivery resulting in Death is graded as a felony of the first degree and therefore punishable by a maximum of 40 years in state prison according to the statute. Since this crime is so serious, it is imperative that you consult with an Intent to Deliver experienced Chester County Criminal Lawyer if you have been accused or are being investigated for committing this crime. The main things to consider when facing this crime is that it is irrelevant under the statute if the individual that delivers the drugs to the deceased is an addict or not. The only relevant factor is whether the government can prove beyond a reasonable doubt that the accused delivered the drugs to the decedent and those drugs that were delivered killed the decedent.
According to the Pennsylvania sentencing guidelines, Drug Delivery Resulting in Death has an Offensive Gravity Score of a 13. What that means is, even if an accused has absolutely no prior record at all, pursuant to the Pennsylvania Sentencing Guidelines, a Judge can sentence the accused between 60 months to 78 months. Meaning an individual charged with this crime that has no priors can easily be facing 6-12 years in state prison if they are convicted.