The Dallas Observer reported that Texas House Bill 225 was passed by the Texas Senate 30-1 and the Texas House of Representatives 140-4 but was vetoed by Governor Greg Abbott in 2015. The Bill would have allowed people who call 911 to help a person who overdosed on drugs avoid charges for possessing a small amount of drugs,
Texas does not have a “Good Samaritan” that shields individuals from criminal liability for minor drug possession, but the Lone Star State does allow some people to be prosecuted for certain drug offenses that result in death or death or serious bodily injury.
When a person dies in the presence of another, many people are shocked, afraid, and likely overcome with grief. In these instances, people are not expecting to face criminal charges. Certain manufacture or delivery of controlled substance crimes can be enhanced, and people may even be charged with murder in some cases.
Lawyer for Manufacture or Delivery Causing Death in Georgetown, TX
Were you arrested for manufacture or delivery of a controlled substance that resulted in a death or serious bodily injury in Central Texas? You should exercise your right to remain silent until you can contact Price & Twine, PLLC.
Michael J. Price is an experienced criminal defense attorney in Georgetown who defends clients accused of drug crimes in communities all over Bell County and Williamson County, such as Georgetown, Belton, Taylor, Hutto, Round Rock, and many others.
You can have our lawyer provide an honest and thorough evaluation of your case when you call (512) 354-1880 to schedule a free initial consultation.
Overview of Manufacture or Delivery Causing Death in Texas
- Which crimes can people be charged with following a drug overdose?
- What are the consequences of a conviction for manufacture or delivery causing death or serious bodily injury?
- Where can I learn more about manufacture or delivery causing death in Georgetown?
Texas Health and Safety Code § 481.141 establishes that when a judge or jury—whichever is the trier of fact—determines beyond a reasonable doubt that a person died or suffered serious bodily injury as a result of injecting, ingesting, inhaling, or introducing into the person’s body any amount of the controlled substance manufactured or delivered by an alleged offender (regardless of whether the controlled substance was used by itself or with another substance), the punishment for the offense will be increased by one degree. The statute applies to the following criminal offenses:
- Manufacture or Delivery of Substance in Penalty Group 1, Texas Health and Safety Code § 481.112;
- Manufacture or Delivery of Substance in Penalty Group 1-A, Texas Health and Safety Code § 481.1121;
- Manufacture or Delivery of Substance in Penalty Group 2 or 2-A, Texas Health and Safety Code § 481.113;
- Manufacture or Delivery of Substance in Penalty Group 3 or 4, Texas Health and Safety Code § 481.114; and
- Delivery of Controlled Substance or Marihuana to Child, Texas Health and Safety Code § 481.122.
It is also important to note that the state statute for murder under Texas Penal Code § 19.02 includes the common definitions of intentionally or knowingly causing the death of an individual or intending to cause serious bodily injury and committing an act clearly dangerous to human life that causes the death of an individual.
Texas Penal Code § 19.02(b)(3), however, also states that a person commits murder if he or she “commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.”
Texas Health and Safety Code § 481.141(b) states that the statute applies to an offense otherwise punishable as a state jail felony, felony of the third degree, or felony of the second degree for any of the aforementioned criminal offenses. In such cases, enhanced charges can carry the following penalties:
- State Jail Felony becomes Third-Degree Felony punishable by up to 10 years in prison and fine of up to $10,000;
- Third-Degree Felony becomes Second-Degree Felony punishable by up to 20 years in prison and fine of up to $10,000;
- Second-Degree Felony becomes First-Degree Felony punishable by up to 99 years or life in prison and fine of up to $10,000.
Substance Abuse Trends in Texas 2017 | Steve Hicks School of Social Work — The Addiction Research Institute (ARI) of the Steve Hicks School of Social Work at the University of Texas at Austin focuses on “issues related to substance use disorder prevalence, treatment, and long-term healthy functioning free from addictions.” View the full text of the 2017 report covering methamphetamine, heroin, cocaine, and many other drugs. The report includes numerous statistics and graphs as well as trends in admissions to programs treating substance use disorder.
Substance Abuse Data, Research, and Reports | Texas Department of State Health Services — The mission of the Mental Health and Substance Abuse Division (MHSA) of the Texas Department of State Health Services is to “improve health and well-being in Texas by providing leadership and services that promote hope, build resilience, and foster recovery.” Use this website to access biennial Texas School Surveys of Drug and Alcohol Use. You can also find additional information about substance abuse trends in Texas.
An Overdose Death Is Not Murder: Why Drug-Induced Homicide Laws Are Counterproductive and Inhumane — The Drug Policy Alliance’s mission is “to advance those policies and attitudes that best reduce the harms of both drug use and drug prohibition, and to promote the sovereignty of individuals over their minds and bodies.” View the full text of a November 2017 report examining drug-induced homicide laws, which 20 states currently have on the books. “These laws and prosecutions have proliferated despite the absence of any evidence of their effectiveness in reducing drug use or sales or preventing overdose deaths,” the report states. “In fact, as this report illustrates, these efforts exacerbate the very problem they seek to remediate by discouraging people who use drugs from seeking help and assistance.”
Find a Manufacture or Delivery Causing Death Defense Attorney in Georgetown, TX
If you were arrested in Central Texas for manufacture or delivery of a controlled substance resulting in death or serious bodily injury, it is in your best interest to immediately retain legal counsel. Contact Price & Twine, PLLC as soon as possible.
Georgetown criminal defense lawyer Michael J. Price represents individuals in Temple, Cedar Park, Leander, Harker Heights, Killeen, and several other surrounding areas of Williamson County and Bell County.
Call (512) 354-1880 or complete an online contact form to have our attorney to have our attorney review your case and help you understand all of your legal options during a free, confidential consultation.