Being charged with a crime involving the sale of drugs – even one pill – can have serious consequences. Those consequences can be even greater when someone dies as a result.
A tiny amount of fentanyl, for example, can be fatal. It is some 50 times stronger than heroin. Many fentanyl-related overdoses occur when someone consumes a pill they don’t realize is laced with the deadly synthetic opioid.
Last year, Georgia enacted a new law that allows someone to be charged with aggravated involuntary manslaughter if they allegedly knowingly sold someone a drug containing fentanyl that resulted in their death. That charge is a felony that can carry a 10-to-30-year prison sentence.
The new law is known as “Austin’s Law.” It’s named for a young Georgia man who died after taking a single Xanax he bought from someone to ease his anxiety – not realizing that it was laced with fentanyl.
Conviction requires proof of knowledge that a drug contained fentanyl
A key to proving a person’s guilt under the new law is showing that they knew that a drug they were selling contained fentanyl. Since these drugs often go through multiple hands, it may be difficult to prove that the person who ultimately sold it knew what was in it. That doesn’t mean prosecutors can’t find convincing evidence.
Many people buy drugs “on the street” that they could easily get a prescription for because they don’t want or can’t afford to seek medical treatment or let their parents or others know that they need medication for issues like anxiety, depression, ADHD and more. They can provide a lucrative market for illegal drug sales.
Anyone who is facing an aggravated involuntary manslaughter charge needs to take the matter extremely seriously. That means fully understanding the charge and how best to respond to it. Getting experienced legal guidance is crucial to protecting your rights and your future.