Fentanyl distribution cases involving fatal overdoses are among the most aggressively prosecuted crimes in federal court. Under current law and pending legislation, penalties range from decades in prison to life sentences or even capital punishment. At Sigal Law Group, we defend clients facing these high-stakes charges, which demand immediate strategic action.

Current Federal Penalties Under 21 U.S.C. § 841

Under 21 U.S.C. § 841(b)(1)(C), distributing any amount of fentanyl that results in death carries a mandatory minimum sentence of 20 years and a maximum of life imprisonment. Prosecutors need only prove that the victim's death resulted from using the fentanyl supplied by the defendant (but-for causation). Prior drug convictions or evidence of “death or serious bodily injury” can trigger enhanced penalties, including mandatory life sentences.

The Felony Murder for Deadly Fentanyl Distribution Act (S.380)

Pending federal legislation (S.380) seeks to escalate penalties further by classifying fatal fentanyl distribution as felony murder under 18 U.S.C. § 1111. If passed, this law would allow prosecutors to pursue:

• Life imprisonment or the death penalty for distributing as little as 0.5 grams of fentanyl that causes death.
• Charges requiring proof that the distributor knew they were supplying fentanyl, not another substance.

This bill reflects a broader trend toward treating overdose deaths as homicide. For example, Arizona's SB1344 already classifies fentanyl distribution resulting in death as first-degree murder if tied to a drug enterprise.

Defense Challenges in Fentanyl Cases

Federal prosecutors face a lower burden of proof in overdose cases compared to traditional homicide charges. However, skilled defense attorneys can challenge:

• Causation claims: Proving the distributed fentanyl directly caused the death (e.g., mixed-drug toxicity).
• Intent disputes: Arguing the defendant lacked knowledge that they were distributing fentanyl.
• Constitutional issues: Contesting searches, seizures, or interrogations that violate Fourth or Fifth Amendment rights.

Act Now to Protect Your Rights

With S.380 advancing, the legal landscape for fentanyl cases is becoming increasingly severe. Whether you're facing charges under current law or potential felony murder allegations, early intervention is critical. At Sigal Law Group, we combine decades of federal criminal defense experience with a proactive approach to challenge evidence, negotiate reductions, or pursue dismissals.

If you or a loved one is under investigation for fentanyl distribution, contact Sigal Law Group today for a confidential case evaluation. Your future may depend on it.