Charged with Dealing Resulting in Death in Westfield

Modern drug enforcement has shifted in recent years, and for certain individuals, the new reality of drug overdoses can carry life-altering consequences. If you have been charged with dealing resulting in death in Westfield, whether the dealing took place near Osborne Park or an overdose occurred later at a home on Pete Dye Boulevard, it is important to understand how Indiana law penalizes alleged drug suppliers when someone uses the drug, overdoses, and dies.

What Is Involved in a Dealing Resulting in Death Charge?

In Indiana, under state law, you can be charged with dealing resulting in death should you allegedly supply someone with a drug and later, they overdose and die. Dealing in a controlled substance resulting in death is directly tied to the dealing of cocaine or narcotic drugs, dealing or manufacturing methamphetamine, or dealing a Schedule I, Schedule II, or Schedule III controlled substance.

It is considered a Level 1 felony if someone allegedly creates or delivers these substances to another and the action results in death. However, the charge may be dropped to a Level 2 felony should the alleged offender have knowingly or intentionally delivered or manufactured a controlled substance listed in Schedule IV that resulted in the death of the person who used the substance by means of injection, inhalation, absorption, or ingestion.

In cases where the substance is listed in Schedule V and it causes the death of another human being after being knowingly or intentionally dealt or manufactured, then the defendant could face Level 3 felony charges.

If you are charged with a Level 1 felony in connection with this charge, you could face up to 40 years in prison and a fine of up to $10,000. While the prison times and fines can decrease in situations of Level 2 or 3 felonies, the consequences are still steep.

While drug-related offenses decreased by 3% in 2023, one person is still arrested for drug charges every 35 seconds across the country. In 2024, however, there were 1,717 drug overdose deaths that happened in the United States.

How We Step in and Defend Westfield Residents

If you are facing drug dealing charges, and especially dealing resulting in death, the most integral aspect of your case is a viable and stalwart defense. The Criminal Defense Team is ready to meet you where you are and provide you with this defense. You are assigned at least two attorneys and a paralegal who can comb through the evidence and details of your case and offer a personalized approach to your defense.

A dealing resulting in death defense can prove tricky. The law states that it is not a viable defense to prove that the deceased party took the drug voluntarily or that they took it in combination with other controlled substances. However, despite these constraints, a skilled defense lawyer in Westfield can find ways to defend your position and protect your rights.

About The Criminal Defense Team

With over 100 years of combined experience, The Criminal Defense Team is here to serve you. It is important that you speak with an attorney as soon as you learn of the charges against you. We are here to review your case and advise you on how to proceed correctly. We take your defense seriously and won’t leave a single stone unturned when it comes to challenging the prosecution’s evidence and poking holes in their case.

Our attorneys, Andrew Baldwin, Kathie Perry, Maxwell Wiley, Kelly Pyle, and Michael C. Cunningham, are Board-Certified* Criminal Trial Specialists, as certified by the National Board of Trial Advocacy. Find out why having a Board-Certified* Criminal Trial Specialist as your defense lawyer is important here. There are only six Board-Certified* Criminal Trial Specialists in India, five of whom work with our firm. Trust our experience and legal excellence today.

FAQs

What Are Considered Schedule V Drugs in Indiana?

In Indiana, Schedule V drugs are considered to be the least severe, and while they have high medical uses, they carry a very low potential for abuse. These drugs can include any over-the-counter medications that contain small amounts of codeine, such as those included in a variety of cough suppression medications.

What Do I Do If Charged With Dealing Resulting in Death?

If you are charged with dealing resulting in death or drug-induced homicide, it is essential that you remain silent, contact your lawyer, and do not speak about the incident until your attorney is present. You also do not need to consent to any searches of your home, phone, or vehicle without the police providing a legal warrant.

What Drug Causes the Most Overdose Deaths?

In 2023, 105,000 people across the United States died from drug overdoses. Nearly 76% of these deaths involved some kind of opioid, either those obtained through a legal prescription or those that were illegally obtained. Synthetic opioids can include fentanyl and fentanyl analogs. Other deaths involved cocaine and methamphetamine.

What Mistakes to Avoid in a Drug Dealing Case?

When you are being investigated or have been arrested for drug dealing, there are multiple mistakes that you should avoid making. Under no circumstances should you try to evade the police, as this can only harm your case and cause you to incur further criminal charges. If the dealing resulted in death, do not try to contact the family of the victim, as anything you say could be later used against you.

What Does it Cost to Hire a Drug Crime Lawyer?

When the time comes to hire a drug crime lawyer, some people may be concerned regarding cost. Know that hiring an attorney offers you the greatest chance at success, and your freedom is worth every penny. However, when it comes to determining cost, there are several factors to take into account. These include the duration and complexity of your case and the experience of your lawyer.

Hire a Drug Crime Lawyer

When you are charged with a crime resulting in death, you need to hire a drug crime lawyer as quickly as possible. At The Criminal Defense Team of Baldwin Perry & Wiley, P.C., we have at least one lawyer on call 24/7, ready to be of legal assistance whenever you need us. Our firm took the very first case under this more recent statute to jury trial, and we were able to get the conviction reversed on appeal.

While past results do not guarantee future outcomes, a Board-Certified* Criminal Trial Specialist is here to advocate for the most favorable outcome possible. To schedule a consultation with our Indiana-based firm, call us today.