South Jersey Drug Induced Death Charge Attorney
Skilled Drug Overdose Death Lawyer Aggressively Defends Clients in Camden County, Burlington County, and Throughout New Jersey
Drug overdose was the cause of more than 3,000 deaths in New Jersey in 2020. Based on year-to-date statistics, the death total from drug overdose is on track to exceed that number in 2021. Because drug overdose is a leading cause of death in the Garden State, lawmakers enacted a strict liability on drug induced deaths law that was designed to not only constrain drug induced deaths but also to curtail the increasing number of drug abuse cases in New Jersey. Those who are found guilty under New Jersey’s strict liability on drug induced deaths law face serious consequences, including a prison term of up to two decades. Skilled South Jersey drug induced death charge attorney at Gelman Law, LLC aggressively defends NJ clients who are charged with this offense with a track record of successful outcomes. Call today for a free consultation about your case.
Facing Criminal Charges For Causing a Drug Induced Death? We Can Help. All You Have To Do Is Call 856-861-4236 or Fill Out Our Convenient Online Contact Form To Receive Your Free Case Evaluation.
Trusted South Jersey Criminal Defense Attorney Uses Knowledge Of The Law’s Complexities To Assist Clients Throughout The State
New Jersey has very strict drug laws, particularly for those individuals who are charged with distributing drugs that are then ruled as the cause of another person’s death. The state’s strict liability on drug induced deaths statute is popular among prosecutors who want to hold accountable those individuals who distribute a controlled dangerous substance that then causes a loss of life.
The state’s drug induced deaths law — known as statute NJSA 2C:35-9 — states:
“Any person who manufactures, distributes or dispenses methamphetamine, lysergic acid diethylamide, phencyclidine or any other controlled dangerous substance classified in Schedules I or II, or any controlled substance analog thereof, in violation of subsection a. of N.J.S. 2C:35-5, is strictly liable for a death which results from the injection, inhalation or ingestion of that substance, and is guilty of a crime of the first degree.”
In short, if an individual dies because they used drugs that were given to them or sold to them by another person, the person who provided the drugs can be prosecuted for the individual’s death. And while a drug induced death charge case is often aggressively pursued by New Jersey prosecutors, there are challenges and weaknesses to the law.
Top-Rated South Jersey Drug Induced Death Charge Attorney Develops Strategic Defense For Those Charged In NJ
New Jersey’s drug induced death law presents challenges for the prosecution and opportunities for a skilled defense. In New Jersey, in order to be convicted of a drug induced death offense, the prosecution must prove several different aspects of the charge were present. These include the following:
- That the victim died as a result of abusing methamphetamine, lysergic acid, or another controlled dangerous substance that is listed in Schedule I or Schedule II, including fentanyl and phencyclidine
- That the defendant either distributed or sold the controlled dangerous substance to the victim
- That the victim inhaled, ingested, or injected the controlled dangerous substance that was provided by the defendant
- That the use of the controlled dangerous substance caused the death of the victim
- That the defendant was aware that their role in the manufacture, distribution, or sale of a controlled dangerous substance violates South Jersey’s drug statutes
In New Jersey, intent does not play a role in drug induced death charge. New Jersey has a strict liability statute which means that if an individual is arrested and charged with a drug induced death, the standard rules surrounding intent do not apply. Anyone charged with a drug induced death can be held responsible for another person’s death regardless of whether or not they intended to cause harm. If a victim intentionally overdosed, the individual who provided the drugs can still be held liable for their death because — without the drugs — the victim would not have died.
Get Advice From An Experienced Criminal Defense Attorney. All You Have To Do Is Call 856-861-4236 or Complete Our Online Contact Form To Receive Your Free Case Evaluation.
Learn More About How A Leading South Jersey Drug Induced Death Charge Attorney Can Help Your Case
A drug induced death charge is a serious offense with stiff penalties, including the possibility of twenty years in prison. Do not take this charge lightly and leave the outcome to chance. Because New Jersey’s drug laws are complex and nuanced, it is in your best interests to have a skilled, knowledgeable drug induced death charge attorney by your side. At Gelman Law, LLC, leading drug charge defense lawyer David Gelman understands the complexities of New Jersey’s drug induced death law and uses this knowledge to develop a skilled, tailored defense of the charge for our South Jersey clients.
To learn more about how Gelman Law, LLC can help your case, schedule a free, no-obligation consultation with our office.
Downgraded
Possession of Controlled Dangerous Substance With Intent to Distribute
Dismissed
Possession of Controlled Dangerous Substance
Frequently Asked Questions (FAQs) About Drug Induced Death Charge In South Jersey
New Jersey categorizes a drug induced death as a first degree felony. In the Garden State, first degree crimes carry a jail sentence of 10 to 20 years, along with a monetary fine of up to $200,000. If convicted, the defendant is also required to pay a penalty fee of $3,000 in addition to other mandatory fees. The individual’s driving privileges are also suspended for a period of six months up to two years.
In short, yes. New Jersey’s strict liability on drug induced deaths statute is an offense that is separate from other charges. An individual can be charged, convicted, and sentenced for a drug induced death as well as a drug distribution charge that stems from the same case. In these instances, two separate sentences may be imposed. New Jersey enforces strict drug laws; if you or a loved one has been charged with a drug induced death, contact an experienced South Jersey drug induced death attorney from Gelman Law, LLC as soon as possible.
