Protecting Your Rights, Freedom, and Future in the Face of Florida’s Harsh Drug-Induced Homicide Laws

When law enforcement and prosecutors accuse someone of causing another person’s death through the distribution of fentanyl, they aren’t just looking to file a possession charge. They want blood. Florida’s laws now permit prosecutors to charge alleged dealers with first-degree murder—even if the accused never intended for anyone to die.

If you're reading this, either you or someone you care about is facing one of the most severe charges under Florida law. I understand how terrifying and overwhelming this moment can be. You're not just facing prison time, you're looking at life without parole, or even the death penalty. That’s why I don’t take these cases lightly. As a private criminal defense attorney with decades of courtroom experience across Florida, I fight for my clients like their lives depend on it—because in cases like these, they do.

What is Fentanyl Murder in Florida?

Under a 2017 amendment to Florida's felony murder rule, individuals who illegally distribute fentanyl can be charged with first-degree murder if someone dies after using that fentanyl—even if the person charged never intended harm.

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

"The unlawful distribution of any substance listed in s. 893.03(1) which is proven to be the proximate cause of the death of the user shall constitute murder in the first degree."

Fentanyl is a Schedule I controlled substance under § 893.03(1). That means if you give, sell, or share fentanyl with someone and they die from an overdose—even hours or days later—you can be prosecuted for first-degree murder.

Why Florida Takes These Charges So Seriously

Florida has been one of the states hit hardest by the opioid epidemic. Fentanyl-related deaths continue to rise. As a result, prosecutors feel political pressure to treat every fatal overdose as a homicide. That may sound like a good idea on the surface, but it creates a legal disaster when people who had no intention of harming anyone—like friends sharing drugs or small-time users—get swept up in a first-degree murder case.

This is where I come in.

What the State Must Prove in a Fentanyl Murder Case

To convict someone under § 782.04(1)(a)(3), the prosecutor must prove beyond a reasonable doubt:

  • You unlawfully distributed fentanyl (or a mix containing fentanyl)

  • The person used it

  • That use was the proximate cause of their death

The last part is the hardest to prove—and often the most contested in court. In overdose cases, there may be multiple substances in the victim’s system, unclear timelines, and flawed toxicology reports. I’ve seen cases where prosecutors pushed ahead with murder charges based on the word of a single cooperating witness and a lab report with a wide margin of error.

Real Case Example: State v. J.H. (Name Withheld for Privacy)

My client, a young man in his 20s, was charged with first-degree murder in Palm Beach County after his ex-girlfriend died from a suspected fentanyl overdose. The prosecution claimed he provided her with the drugs and pushed for a life sentence. The truth was more complicated—she had purchased multiple substances from different sources, and their communication had ended hours before her death.

I brought in a nationally recognized toxicologist to review the autopsy findings. The report revealed the presence of heroin, benzodiazepines, and fentanyl—but the levels and sequence of ingestion didn’t clearly support the state’s narrative. Cross-examination of the medical examiner exposed inconsistencies. Ultimately, the judge granted our motion to dismiss the first-degree murder charge. The case resolved with a probationary plea to a lesser offense—no prison, no felony conviction for murder, and no life sentence.

Potential Penalties for Fentanyl Murder

Under Florida law, first-degree murder is punishable by:

  • Mandatory life imprisonment without parole, or

  • The death penalty, if prosecutors seek capital punishment

Even if the case resolves short of trial, prosecutors often try to force defendants into decades-long plea deals unless they are aggressively challenged.

There is no parole in Florida. A life sentence means you die in prison. That’s why private counsel matters.

Defenses Against Fentanyl Murder Charges

If you're facing this charge, you need a custom defense strategy built from the ground up. No two cases are the same, and no defense should be recycled.

Here are some of the key legal strategies I’ve used to beat these charges:

Challenging Causation

The law requires that the fentanyl you allegedly distributed be the “proximate cause” of death. If the victim consumed multiple drugs or had an underlying condition, I can often introduce enough doubt to break the causal chain.

Questioning the Source

Prosecutors must prove beyond a reasonable doubt that the fentanyl came from you—not someone else. If law enforcement made assumptions based on hearsay or weak witness testimony, I’ll expose that.

Illegal Search or Seizure

Did the police obtain evidence through a warrantless search? Were your rights violated during the investigation? If so, I can file a motion to suppress key evidence, which may force the case to be dismissed or reduced.

Entrapment

In some cases, undercover operations cross the line. If law enforcement pressured or tricked you into making a transaction you wouldn’t have otherwise made, that may qualify as entrapment under Florida law.

Lack of Intent to Distribute

Sometimes, police try to stretch possession into distribution, especially if you had drugs in your car, home, or on your phone. If you didn’t sell or share fentanyl, you shouldn’t face murder charges.

Other Relevant Florida Statutes in Fentanyl Cases

Florida Statute § 893.13

This statute governs the illegal possession, sale, and distribution of controlled substances. A conviction under this statute—even for small amounts—can escalate your charges if someone later overdoses.

Florida Statute § 893.135

Florida’s trafficking laws impose mandatory minimums for fentanyl trafficking, starting at 3 years for as little as 4 grams and up to 25 years or more. These charges can be filed in addition to a murder charge.

Florida Statute § 782.065

This law bars plea deals for drug trafficking charges that result in death. It limits the prosecutor’s discretion and makes it harder to negotiate without forceful legal representation.

Why You Need a Private Criminal Defense Attorney

If you’re facing fentanyl murder charges, you cannot afford to gamble your life on the public defender system. These cases require urgent attention, deep legal knowledge, and aggressive investigation. I work with toxicologists, pharmacologists, forensic chemists, and former law enforcement officers to break down the state’s case from the inside out.

Time matters. Every day that passes without a defense strategy in place gives prosecutors an edge. With a private attorney, you're not just another case in the pile—you’re a person with a future worth fighting for.

Musca Law Can Help Statewide

I’ve defended fentanyl homicide cases in counties across Florida—from Miami-Dade to Hillsborough, Duval to Broward, and everywhere in between. We maintain over 30 office locations throughout Florida, and our team is available 24 hours a day to respond when your freedom is on the line.

Don’t say a word to law enforcement. Don’t plead guilty. Call me instead.

Frequently Asked Questions About Florida Fentanyl Murder Charges

What if I only gave the person the fentanyl, and didn’t sell it?

Under Florida law, the act of “distributing” can include giving drugs away, not just selling them. That means you could still be charged with first-degree murder even if no money was exchanged. Prosecutors are not required to prove you made a profit—just that you provided the substance and it caused a death.

Can I be charged with murder if the victim used other drugs too?

Yes, but it makes the state’s case harder to prove. Florida law requires that the fentanyl be the “proximate cause” of death. If the toxicology shows multiple substances or uncertain levels, I may be able to challenge whether fentanyl was the true cause. In past cases, I’ve worked with experts to argue that the victim would have died regardless of the fentanyl.

What is the difference between fentanyl trafficking and fentanyl murder in Florida?

Trafficking is based on weight—if you possess 4 grams or more, you can be charged under § 893.135 with mandatory minimum prison time. Fentanyl murder, on the other hand, arises if someone dies from using the substance you distributed. Prosecutors can, and often do, charge both crimes at once, dramatically increasing your exposure.

Do I need to go to trial to beat a fentanyl murder charge?

Not always. Many cases are won before trial through motions to suppress, challenges to evidence, or plea negotiations to lesser charges. However, I always prepare for trial from day one because prosecutors will only offer serious concessions when they know they’re up against a lawyer ready to beat them in court.

Can text messages or phone records be used against me?

Yes. Law enforcement often uses digital evidence—texts, calls, GPS pings—to build a case. But just because messages exist doesn’t mean they tell the full story. I scrutinize the entire investigation, including how the evidence was gathered, whether it was manipulated, and whether context is missing.

What are my chances of getting the charge reduced or dismissed?

That depends on the strength of the evidence, the cause of death, and how early we get involved. In my experience, early intervention makes the biggest difference. When we can challenge the state’s narrative before charges are even formally filed, there’s a better chance of getting the case reduced or dropped.

Will I be offered a plea deal in a fentanyl murder case?

Not necessarily. Florida law restricts plea offers in overdose cases under § 782.065. However, I’ve still managed to secure significant charge reductions by challenging the evidence and undermining the state’s position. Every case is different, but nothing moves in your favor without pressure from a defense attorney who knows how to fight back.

How soon should I hire an attorney if I think I'm being investigated?

Immediately. If law enforcement has contacted you about a fentanyl overdose, even casually, they are building a case. Do not wait to be arrested. In many cases, I’ve been able to prevent charges from being filed at all by intervening early and showing the state that the case is weaker than they believe.

Call 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.

Don't wait. If you're facing a fentanyl murder charge, your freedom and future are on the line. Call us now, and let’s begin building your defense today.