How Much Prison Time Could I Get for a Fentanyl Death?

 Posted on March 20, 2025 in Criminal Defense

Recently, a North Texas couple found themselves facing murder charges after allegedly supplying a woman with fentanyl, which ultimately resulted in her death. The 34-year-old woman was pronounced dead at the scene; the Tarrant County Medical Examiner’s Office ruled the cause of death as fentanyl toxicity.

Over the course of the investigation, it was found that two Dallas residents sold fentanyl to the woman prior to her death. There have been multiple fentanyl murder arrests since a state law that created the criminal offense of murder for supplying fentanyl went into effect on September 1, 2023.

If you give or sell drugs to another person that are laced with fentanyl – even if you were not aware of that fact – you could find yourself facing very serious criminal charges. A Cooke County, TX criminal defense attorney can build a comprehensive defense on your behalf, ensuring your rights and your future are protected.  

How Common Are Fentanyl Deaths in Texas?

In the first six months of 2022, almost 200 people were killed by opioid overdoses in Travis County alone – more than twice the number of deaths from car accidents and suicides. Drugs that were laced with fentanyl accounted for more than half of those deaths. Across the state, there were 1,672 fentanyl deaths in 2021.

More than half of all the young adults who abused prescription opioids got them from a family member or a friend, and more than three-quarters of all drug overdose deaths involved an opioid. Fentanyl is a synthetic opioid that is deadlier than heroin and is often used to "cut" other opioid drugs. Fentanyl is similar to morphine but at least 100 times more potent – and more deadly.

Illegally manufactured fentanyl may also be added to cocaine, methamphetamine, heroin, Adderall, Xanax, and Molly. Many people are unaware they are ingesting fentanyl and usually have no idea that a fentanyl amount equal to two grains of salt can kill.

Are There Problems with the Texas Fentanyl Murder Statute?

The part of the Texas Penal Code that details murder charges now has a section that refers to the criminal charge of murder that arises out of the delivery or manufacturing of fentanyl that results in death. While there is little argument that manufacturers and dealers of fentanyl or any drug containing fentanyl should be held criminally responsible for deaths related to those drugs, the law also applies to anyone who delivers fentanyl.

While "delivery" could mean a dealer who profits from the delivery of fentanyl or fentanyl-laced drugs, it also encompasses a person who uses the drug and shares it with a fellow user or addict. This means that those who share drugs could be charged with fentanyl murder if one person overdoses, even though it could be the person who called the police to report the overdose. A person sharing drugs may have absolutely no knowledge that a drug is laced with fentanyl.

Jurors have imposed harsh sentences on fentanyl dealers and manufacturers in the state. Whether those same harsh sentences for an individual who used drugs with another individual should be just as harsh is highly debatable. When two drug addicts share a drug with no knowledge it contains fentanyl, and one of them dies of a fentanyl overdose, it hardly seems just that the other would be charged with fentanyl murder.  

What Are the Penalties for Fentanyl Murder?

Fentanyl murder is a first-degree felony, punishable by 5-99 years in prison and a fine as large as $10,000. There is an intent requirement, but it only applies to the manufacture or delivery of the drug, not to the death. This means that under the current law, intent is not a requirement to be found guilty of fentanyl murder.  

Contact a Denton County, TX Criminal Defense Lawyer

If you are facing charges of fentanyl murder, it is essential that you speak to a highly experienced Cooke County, TX criminal defense attorney from Magaña & Van Dyke. Our attorneys treat every client with respect and dignity as we seek to protect and preserve your future. Call 940-382-1976 to schedule your free consultation. Se Habla Espanol.