Protecting Your Child’s Future When Charged with Fentanyl-Related Murder in Florida

As a Florida criminal defense attorney, I’ve stood with countless families facing some of the most frightening moments of their lives. There’s nothing more devastating than watching your child get swept up into the criminal justice system—especially when charged with something as serious as third-degree murder due to a fentanyl-related overdose.

Florida’s new law, Senate Bill 612, gives prosecutors the power to charge juveniles with third-degree murder if drugs they are accused of distributing lead to someone’s death. This is a seismic shift in how the law treats minors. Now, your child can be treated like an adult in a homicide case, even if they didn’t intend for anyone to die.

Let me be clear: your son or daughter’s life, future, and freedom are on the line. You cannot afford to trust their defense to the public system. You need a private defense attorney who will fight from day one to protect them, challenge the evidence, and seek a dismissal, reduction, or alternative outcome.

What Does Florida Law Say About Juvenile Third-Degree Murder for Fentanyl Overdoses?

Under the newly enacted Senate Bill 612, which took effect on July 1, 2025, Florida now allows prosecutors to charge juveniles with third-degree murder if the drugs they allegedly provided led to someone’s death.

Here’s the relevant statute under Florida law:

Florida Statutes § 782.04(4):
The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than those enumerated in subsection (3), is murder in the third degree and constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

The list of qualifying felonies includes drug offenses. If a juvenile sells or distributes fentanyl-laced pills, and someone dies as a result, prosecutors can pursue a third-degree murder charge—even if the accused didn’t know the drugs were deadly.

Penalties under Florida law for third-degree murder (second-degree felony):

  • Up to 15 years in prison

  • Up to 15 years of probation

  • Up to $10,000 in fines

And under Florida Statutes § 985.557, prosecutors can “direct file” the case in adult court, meaning your child can face adult penalties, including prison time, even as a minor.

Why This Law Puts Juveniles at Greater Risk

Fentanyl is a powerful synthetic opioid—just a few grains can be deadly. It’s often mixed into other drugs, including counterfeit Percocet or Xanax pills. Teenagers may not know what they’re selling or taking. In many cases, they’re caught in a peer-driven transaction and never imagined they’d be accused of murder.

This new law doesn’t require that a juvenile had any intention to kill. It only requires that the distribution of drugs led to a fatal overdose.

Here’s the problem: prosecutors often rely on text messages, social media, or word-of-mouth to piece together their version of what happened. Many teens have no clue that a Snap or group message could later be used against them as evidence of “intent to distribute.”

That’s why having a private criminal defense attorney on your child’s side is critical. I know how to dismantle weak evidence, suppress unlawful searches, and introduce reasonable doubt. The goal is always to reduce the charge, prevent a transfer to adult court, or beat the case entirely.

Real Case Example: Juvenile Charged with Drug-Related Manslaughter

A 16-year-old client of mine was accused of selling a counterfeit pain pill to a classmate who later died from a fentanyl overdose. The prosecution initially pursued a third-degree murder charge under the new statute. The media had picked up the case. The family was terrified that their son would spend the rest of his youth, and beyond, behind bars.

We immediately launched our own investigation. First, we challenged the forensic toxicology. Then we questioned the chain of custody of the phone data being used to suggest a sale. The text exchanges were vague, and nothing confirmed that my client knew the pill contained fentanyl.

We retained an independent pharmacologist, and I negotiated tirelessly with the State Attorney’s Office. In the end, we got the charge reduced to possession with intent. My client completed a juvenile diversion program with drug education and counseling. The felony was withheld, and his record was sealed.

That’s what aggressive legal defense can do.

Defenses Against Juvenile Third-Degree Murder in Florida

When I take on a case involving a juvenile and a fentanyl-related death, the first thing I look at is whether prosecutors can even prove all the elements of third-degree murder. Remember, they must establish:

  1. The child committed a qualifying felony (like distribution),

  2. That felony directly led to someone’s death,

  3. The death was not accidental or caused by an unrelated factor.

Common defenses in these cases include:

Lack of knowledge or intent
Florida law requires proof that the juvenile knew they were distributing a controlled substance. If the child believed they were sharing a harmless pill or candy, it may not qualify as felony distribution.

No direct link to the fatal overdose
Just because someone died and the juvenile had contact with them does not prove the drugs were the cause of death. We bring in medical and forensic experts to challenge this assumption.

Unlawful search or seizure
If police searched a phone, locker, car, or bedroom without a valid warrant or consent, that evidence can be thrown out.

Duress or peer pressure
Teens often act under coercion from older individuals. If your child was threatened, manipulated, or acting under pressure, we bring that forward as a defense.

Chain of custody problems
If there are gaps in how evidence was handled—especially pills, messages, or toxicology—it may not be admissible in court.

The earlier I get involved in the case, the better our chances are. Every day that passes without a private attorney increases the risk of irreversible mistakes, bad plea deals, and lost evidence.

Direct Filing: How a Juvenile Can Be Treated as an Adult in Florida

Florida is one of the most aggressive states when it comes to “direct file” prosecution. Under Florida Statutes § 985.557, prosecutors can choose to move a juvenile’s case into adult court for a wide range of felonies—including those involving drug distribution and overdose deaths.

This decision isn’t automatic. But once prosecutors pursue it, it becomes much harder to reverse. And that means your child could go from facing juvenile detention and treatment options to facing adult prison time.

Part of my job is to stop that from happening. I present mitigating factors, demonstrate your child’s lack of intent, and advocate for the case to remain in juvenile court, where the focus is on rehabilitation, not punishment.

Why Families Must Hire a Private Criminal Defense Lawyer

When a juvenile is charged with murder, you cannot rely on the public defender system. These attorneys are often overwhelmed, underfunded, and pressured to resolve cases quickly. Your child needs someone with the time, resources, and strategy to challenge the State’s case from every angle.

I work directly with families, often within hours of the arrest. We review the arrest report, secure evidence before it’s lost, speak with witnesses, and protect your child’s constitutional rights from the beginning. I keep you informed every step of the way, because this is a family crisis—not just a legal case.

The consequences of doing nothing, or doing too little, are enormous. A felony murder conviction—even a plea—can destroy your child’s chances at college, scholarships, military service, or a future career. But with the right legal strategy, a second chance is absolutely possible.

FAQs About Florida Juvenile Fentanyl 3rd-Degree Murder Charges

Can my child be charged with murder even if they didn’t intend to kill anyone?
Yes. Under Florida law, third-degree murder doesn’t require intent to kill. If your child is accused of distributing drugs that allegedly led to a death, they can be charged even if they never meant for anything bad to happen.

What does Florida’s new law mean for juveniles?
Senate Bill 612 allows prosecutors to charge minors with third-degree murder if they distribute drugs that result in a fatal overdose. It’s now possible for juveniles to face adult penalties for fentanyl-related deaths, including up to 15 years in prison.

Is fentanyl the only drug covered under this law?
No. While fentanyl is the focus due to its lethality, the law applies broadly to drug distribution that results in death. However, the presence of fentanyl often prompts more aggressive prosecution.

What if my child didn’t know the pills were laced with fentanyl?
That’s a key defense. Prosecutors must prove your child knowingly distributed a controlled substance. If they were unaware the pills contained fentanyl, or thought they were something else, that undermines the felony distribution element.

Can the case be kept in juvenile court?
Yes, but only with strong legal advocacy. Florida prosecutors can choose to “direct file” cases into adult court. Your defense attorney can argue for the case to stay in juvenile court, emphasizing rehabilitation, lack of criminal history, and mitigating circumstances.

What are the possible outcomes besides prison?
Depending on the facts, your child may qualify for diversion programs, counseling, probation, or drug education. A private attorney can push for these options and negotiate favorable terms.

Can social media posts or texts be used against my child?
Absolutely. Police often use Snapchat, Instagram, and text messages as evidence of drug deals or intent. It’s critical to review all communications and challenge any illegal searches or out-of-context messages.

How quickly should I hire an attorney after an arrest?
Immediately. The first 48–72 hours are crucial. Early legal intervention can influence whether the case stays in juvenile court, what charges are filed, and what evidence is preserved or excluded.

Can a private attorney really make a difference in the outcome?
Yes. I’ve seen case after case where an early, aggressive defense strategy resulted in dropped charges, reduced penalties, or complete dismissal. Every fact, every conversation, every legal motion matters when your child’s future is on the line.

Will my child have a criminal record forever?
Not necessarily. With certain outcomes, we can pursue record sealing or expungement. The goal is always to protect your child’s reputation, education, and future opportunities.

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

If your child has been accused of distributing drugs that led to an overdose death, there is no time to waste. Florida’s new laws are severe, but you do not have to face this alone.

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.