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Was Someone Hurt or Killed? Why Drug Charges Can Turn Into Homicide Cases in San Diego

By San Diego Attorney on April 26, 2025

A drug arrest is always serious. But when someone is hurt or killed after using a substance you are allegedly connected to, the case can escalate far beyond possession or distribution.

In San Diego, drug charges can rapidly turn into drug-induced homicide cases with life-changing consequences.

If you have been arrested following an overdose or fatality, you could face charges normally reserved for violent criminals, even if you never intended to harm anyone.

Understanding how California law treats these cases is crucial, especially in the current legal climate surrounding fentanyl-related deaths.

The Rise of Drug-Induced Homicide Cases in San Diego

In recent years, San Diego County prosecutors have dramatically increased the number of drug-induced homicide cases they file, particularly in incidents involving fentanyl. These cases often begin as drug arrests and quickly evolve into high-level felonies if an overdose results in death.

The charge typically used is second-degree murder, based on implied malice, meaning the prosecution believes the defendant knew their conduct was dangerous to life and acted anyway. Alternatively, they may pursue involuntary manslaughter or furnishing drugs, resulting in death under California law.

These are not just technical escalations. A murder conviction carries a potential sentence of 15 years to life in prison. That is why it is critical to treat these cases with the urgency and seriousness they demand.

What Is Drug-Induced Homicide?

Drug-induced homicide refers to the prosecution of individuals who supplied, delivered, or administered a controlled substance that directly caused someone’s death. You can be charged even if:

• The person willingly took the drugs.
• You were not physically present at the time of the overdose.
• You did not manufacture or sell the substance; you only shared it.
• You believed the person would be fine or had used it before.

Fentanyl and Homicide Charges—A New Legal Frontier

Fentanyl is an extremely powerful synthetic opioid, and its presence in street drugs has led to a sharp rise in overdoses. In response, law enforcement has adopted a zero-tolerance approach.

As a result, individuals found with even small amounts of fentanyl (or substances laced with fentanyl) can be linked to a fatality and charged with fentanyl homicide.

Prosecutors do not need to prove you intended to kill anyone. They only need to convince a jury that:

• You supplied the drug.
• You knew, or should have known, the danger it posed.
• The drug directly caused the death.

Understanding Drug Death Liability

The concept of drug death liability shifts the legal burden in overdose cases. Instead of focusing only on the user’s decision to take a drug, prosecutors are now targeting anyone in the drug supply chain. This includes:

• Friends who shared drugs at a party
• Partners who purchased drugs together
• Low-level dealers
• Users who resold leftover pills

In some cases, people have been charged after unknowingly providing substances that were later discovered to be fentanyl-laced. Intent is not always a required element for serious felony charges.

Possible Criminal Charges After an Overdose

Even when a case does not lead to homicide charges, an overdose or injury can drastically increase the severity of charges you face. Common enhancements and secondary charges include:

• Drug trafficking with great bodily injury
• Contributing to the delinquency of a minor (if the victim was under 18)
• Possession with intent to sell
• Maintaining a drug house or drug-involved premises
• Conspiracy if more than one person is involved

Each of these comes with long prison terms, steep fines, and felony records.

Immediate Steps to Take if You Are Accused

Time is not on your side if someone has overdosed and your name is being mentioned—whether you have been arrested yet or not. Here is what you need to do:

1. Do not talk to the police without an attorney. You may think you are helping by explaining the situation. You are not.
2. Do not attempt to delete texts, calls, or messages. This can be seen as destroying evidence and can lead to obstruction charges.
3. Hire an experienced criminal defense lawyer Your future may depend on the next 24 to 48 hours.

Prosecutors may already be building a homicide case against you. The sooner you have legal protection, the more opportunities your San Diego drug crime attorney has to intervene, preserve evidence, and shape the narrative before it solidifies against you.

Legal Representation Is Urgent

Facing a fentanyl homicide charge or other overdose-related accusations in California is not just a legal matter—it is a life-defining moment. These cases are prosecuted with intensity, media attention, and often a zero-compassion approach.

At jD Law Criminal Defense Attorneys, we understand what is at stake. Attorney James N. Dicks is a Certified Criminal Law Specialist with over 30 years of experience handling serious drug cases throughout San Diego. As a former LAPD investigator, he also brings a deep understanding of how police and prosecutors build these cases—and how to dismantle them.

Our firm can:

• Scrutinize the medical and toxicology reports
• Challenge the cause of death and chain of custody
• Dispute your alleged connection to the fatal substance
• Investigate alternative sources of the drugs
• Protect your rights at every stage of the process

We have the knowledge and courtroom experience to fight back against drug death liability claims and protect your future.

How a Conviction Can Impact Your Life

Even if you avoid a homicide conviction, being charged in a fatal overdose case can affect every part of your life. A felony drug record can impact:

• Employment and licensing
• Immigration status
• Custody rights
• Gun ownership
• Education and housing

Contact a San Diego Drug Defense Lawyer Today

If someone has overdosed and you are under investigation—or already arrested—do not wait. The district attorney’s office is moving fast, and every statement you make could be used against you in a case carrying the weight of homicide.

Call jD Law Criminal Defense Attorneys at (760) 630-2000 to schedule a free, confidential consultation. We can evaluate your case, protect your rights, and take immediate action to defend your freedom.