Understanding the Law That Turns Teen Drug Sales into Homicide Charges—Even Without Intent

As a Florida criminal defense attorney, I’ve stood beside parents stunned to learn their child was being charged with murder—not because they used a weapon, but because someone died after using fentanyl they allegedly shared or sold. Under Florida’s aggressive new legislation, the law doesn’t care whether your child intended to harm anyone. If fentanyl is involved and someone dies, a drug offense can instantly become a felony murder case.

If your family is facing this situation, I want you to know that you’re not alone, and there is a path forward. But that path is not something you can trust to a public defender or handle without serious legal strategy. The law is unforgiving, and without a private defense lawyer who can challenge every element of the case, you risk decades or life in prison.

Florida Fentanyl Homicide Attorney – Why Intent Doesn’t Matter Under the Law

Florida Statute § 782.04(1)(a)(3) states:

“The unlawful distribution of any substance controlled under Schedule I or II...which is proven to be the proximate cause of the death of the user, shall be deemed murder in the first degree if the death occurs as a result of ingestion.”

This statute was modified by Florida Senate Bill 612, signed into law in 2023, which explicitly includes fentanyl and related analogs in its scope. The most shocking part? The law removes the requirement of intent to kill. That means:

  • It doesn’t matter whether the accused knew the drug was deadly.

  • It doesn’t matter if the victim willingly took the drug.

  • It doesn’t matter if the accused is a teenager who shared a pill with a friend.

If fentanyl is present and someone dies, your loved one can be charged with first-degree murder.

What Families Must Understand About Fentanyl Death Charges

Most families I work with are blindsided by how quickly a simple possession or distribution charge can escalate into a capital felony. In many cases, the accused may not have even known fentanyl was involved. Yet under Florida’s interpretation of “proximate cause,” that doesn’t protect them.

A 19-year-old handing off a single pill—perhaps thinking it’s Percocet—can face life imprisonment if toxicology later shows fentanyl was present and contributed to someone’s death.

The moment law enforcement learns of a fatal overdose and a phone or text message ties your child to that drug, the murder charge is often already in motion. Prosecutors are under political pressure to treat overdose deaths as homicides, even when the accused is young, remorseful, and never intended any harm.

Real Case Example: Teen Charged with Felony Murder for Accidental Overdose

I represented a young man in Central Florida who was just 20 years old when he was arrested. His friend died after taking what both believed was oxycodone. Toxicology revealed it was fentanyl-laced. Text messages between them showed the exchange, and prosecutors immediately upgraded the charge from possession with intent to distribute to first-degree murder.

My client was terrified. His parents were devastated. This was a kid with no prior record, no violent history, and no intent to harm anyone. He was looking at life without parole.

Through an aggressive defense strategy—questioning the chain of custody of the drugs, bringing in toxicology experts, and presenting strong character witnesses—we were able to negotiate a significant reduction. The murder charge was dropped. He ultimately pled to a lesser felony offense and received probation with drug counseling, not prison.

That result didn’t happen by accident. It took immediate action, private legal defense, and relentless advocacy.

How Prosecutors Use Texts, Social Media, and Overdose Evidence to Build Homicide Cases

In fentanyl death prosecutions, law enforcement typically relies on:

  • Cell phone records (texts arranging drug sales)

  • Social media messages

  • Cash app or Venmo transactions

  • Statements from witnesses or surviving users

  • Toxicology reports from the Medical Examiner

These pieces are stitched together to show that your loved one provided the substance, even if unknowingly. The presence of fentanyl, even in micrograms, allows prosecutors to file murder charges.

But here’s what most families don’t realize: none of this guarantees a conviction. Each one of those pieces can be challenged. The toxicology report might be flawed. The chain of custody might be broken. The digital evidence might not show an actual sale, but only casual conversation.

That’s why having a private Florida fentanyl homicide attorney matters. You need someone who can dismantle the case before it ever reaches trial.

Relevant Florida Statutes to Understand

Several statutes work together to create the harsh landscape of fentanyl homicide charges:

§ 782.04 – Murder

“The unlawful distribution of a controlled substance...which is the proximate cause of death” constitutes first-degree murder.

This statute doesn’t require premeditation if the death occurs during the commission of certain felonies, including drug distribution.

§ 893.13 – Sale and Distribution of Controlled Substances

This is the underlying felony that, when coupled with a death, can elevate to felony murder under § 782.04.

§ 893.135 – Drug Trafficking

In many cases, the State also alleges trafficking based on the weight of the fentanyl, even if the accused didn’t intend to sell large quantities. If weight thresholds are met (as little as 4 grams of fentanyl), trafficking charges apply with mandatory minimum sentences starting at 3 years and rising to 25 years or more.

These statutes are rigid. But they are not immune to defense.

Defense Strategies in Fentanyl Homicide Cases

Here are several defenses I may raise on behalf of a client:

1. Lack of Causation

The State must prove that the drug provided by the accused was the “proximate cause” of death. If the decedent used multiple substances, that causal link may break down.

2. No Knowledge of Fentanyl Presence

If your loved one didn’t know the drug was laced with fentanyl, we can argue lack of intent and attempt to have the charge reduced to a lesser offense.

3. Unlawful Search or Seizure

Many cases are built on phone seizures, home searches, or car stops. If law enforcement violated Fourth Amendment rights, critical evidence may be suppressed.

4. Chain of Custody Issues

Any gap in the handling of the drug sample could undermine the toxicology evidence.

5. Coercion or Entrapment

Young people are often pressured by others into providing drugs. If there was entrapment or manipulation, we can raise those defenses.

Every case is different. But a public defender doesn’t have the time or resources to develop a tailored, aggressive strategy. That’s where I come in.

Why You Need a Private Florida Fentanyl Homicide Attorney Immediately

When your child is facing felony murder, time is not your friend. The prosecution is already preparing their case, calling witnesses, securing toxicology reports, and locking in digital evidence.

By hiring a private attorney, you get:

  • Immediate motion filings to suppress bad evidence

  • Independent experts to challenge toxicology findings

  • Investigators to track down alternative explanations

  • Leverage in negotiations with the State Attorney

  • The full weight of legal firepower behind your family

This is not the time to hope the system is fair. You must fight—and fight strategically.

Florida Fentanyl Homicide Attorney – Frequently Asked Questions (FAQs)

Can my child be charged with murder if they didn’t sell the fentanyl, just gave it to a friend?
Yes. Under Florida law, intent to kill is irrelevant. Even if your child gave a pill away for free, if that pill caused a death and it contained fentanyl, the State can charge them with first-degree murder. This law treats any distribution—sale or sharing—the same.

What if my child didn’t know the drug contained fentanyl?
Lack of knowledge may not stop the charge, but it is a powerful defense to fight for a reduction or dismissal. Prosecutors often push murder charges based on outcome, not intent. But we can challenge the lack of knowledge and argue that your child was unaware of the lethal contents.

Is it still murder if the victim used other drugs too?
If toxicology shows multiple substances, we can argue that the specific drugs your child provided were not the actual cause of death. This can be the key to defeating the murder charge. Causation is essential, and in poly-substance overdose cases, that element is often debatable.

What is the penalty for felony murder related to fentanyl in Florida?
Under Florida Statute § 775.082, a conviction for first-degree murder carries a mandatory sentence of life in prison without parole—or potentially the death penalty. Most fentanyl homicide cases do not pursue the death penalty, but life without parole is frequently sought.

Can the prosecutor offer a plea to reduce the charges?
Yes, but only with leverage. Prosecutors are more likely to offer a plea if you have an attorney who’s filing strong motions, challenging evidence, and showing weaknesses in the case. We’ve had success getting murder charges reduced to trafficking or possession, depending on the facts.

How long does a fentanyl homicide case take to resolve?
These cases often take 12 to 24 months. With a private defense team, we begin working from day one to challenge evidence, build your defense, and negotiate proactively. Public defenders are often too overwhelmed to take action until it’s too late.

Do I need to hire a toxicologist or investigator?
Yes—and that’s part of what we do. We retain independent experts to test drug samples, review autopsy results, and give us the insight needed to fight for your child. These experts can make or break the case.

Can the charges be dropped before trial?
It’s possible. We’ve had cases dismissed due to illegal searches, flawed evidence, or prosecutorial overreach. Each case must be examined carefully, but early intervention by a private attorney is critical to making that happen.

Is fentanyl treated differently than other drugs under Florida law?
Absolutely. Fentanyl is considered so dangerous that even tiny amounts trigger trafficking charges. When linked to a death, the presence of fentanyl nearly guarantees a felony murder filing—even if the accused had no violent history.

How soon should we hire a private attorney?
Immediately. Once the State files charges, it becomes harder to negotiate. The earlier you hire us, the more options we have to push back, gather evidence, and protect your child’s future.

Call Now to Speak With a Florida Fentanyl Homicide Attorney

If your child or loved one has been accused in connection with a fentanyl-related overdose death, the most important step you can take is securing serious legal defense—right now.

I’ve helped families throughout Florida fight back against felony murder allegations, drug charges, and overdose-linked prosecutions. These cases are not impossible. But they require immediate, skilled intervention.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.