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What Happens if You Sell Drugs to Someone Who Overdoses?
Overdose deaths in Wisconsin have steadily increased in recent years and this trend shows no signs of stopping. Fentanyl and other powerful synthetic opioids are now often cut into unrelated drugs, leading to nearly twice as many people dying of an overdose in 2021 compared to 2019, including many people who never intended to take drugs with opioids in them.
In response to this dramatic increase in overdose fatalities, Wisconsin Governor Tony Evers signed a bill last year increasing the punishment for first-degree reckless homicide, which is the crime anyone involved in contributing to a drug overdose death could be charged with. Milwaukee prosecutors aggressively prosecute people accused of selling drugs that lead to overdose deaths and penalties for this drug crime are severe. If you have been arrested for distributing drugs of any kind, you need to take these charges very seriously and contact our experienced Wisconsin drug crimes defense attorney right away.
What are the Penalties for Fentanyl Distribution in Wisconsin?
Even taking an overdose out of the question, a conviction for distributing drugs – particularly opioids – has the potential to impact your life forever. A conviction for making, selling, or delivering drugs that are categorized as Schedule I or Schedule II narcotics will earn you a Class E felony.
Fentanyl, however, is such a powerful drug that Wisconsin allows those who make, sell, or deliver it to face particularly harsh penalties, including:
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A Class E felony if the amount of fentanyl is 10 grams or less
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A Class D felony if the amount of fentanyl is between 10 and 50 grams
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A Class C felony if the amount of fentanyl is over 50 grams
Under these laws, selling just one pill containing fentanyl could be enough to land you in jail for up to 15 years.
What Are the Penalties for First-Degree Reckless Homicide in Wisconsin?
Wisconsin Act 29, the bill that passed last year, was introduced after a young college student named Cade Reddington died when he took a pill that he thought was Percocet. Tragically, the pill turned out to be one hundred percent fentanyl, causing Reddington’s death and spurring a dramatic shift in public willingness to tackle the issue of fentanyl deaths.
Wisconsin Act 29 changes first-degree reckless homicide from a Class C felony to a Class B felony. The consequences of a Class B felony include a fine of up to $100,000 and up to 60 years in prison. These penalties are in addition to the penalties for any associated crimes you may be charged with, including possession, distribution, and manufacturing, and even federal charges for moving drugs across state lines.
It is important to know that anyone who is involved in the chain of events leading to an overdose death can be charged with a Class B felony, including someone who buys drugs and then sells them to someone else without knowing that the drugs contain opioids. No matter which of these charges you face, hiring an attorney is absolutely essential for preventing the full weight of the law from coming down on you. Do not discuss your case with anyone until you have spoken with one of our attorneys.
Contact Our Milwaukee, WI Drug Crimes Defense Lawyers
Milwaukee police and prosecutors do not mess around when they charge people with drug creation, distribution, or delivery, especially if somebody who bought drugs later overdosed. If you are being charged with or even simply investigated for distribution or possession with intent to distribute, contact a Milwaukee, WI drug crimes defense attorney with Gimbel, Reilly, Guerin & Brown, LLP right away. We believe that every person is innocent until proven guilty and we fight hard for every client’s rights. Call us today at 414-271-1440 to get started.
