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Death by Delivery of Drugs Defense

Unclassified, Class Y, or Class A FelonyArk. Code Ann. §§ 5-10-202 to 5-10-204Up to 60 Years or Life
Overview

Understanding the Charge

In 2023, Arkansas created a new category of homicide offenses known as 'Death by Delivery.' These laws make it a crime to knowingly deliver certain controlled substances when the substance causes the recipient's death. The severity depends on the drug involved, the victim's characteristics, and the defendant's history. Consensual ingestion by the victim is not a defense.

What the State Must Prove

  • Aggravated Death by Delivery — knowingly delivering fentanyl that causes death, or delivering fentanyl, meth, heroin, or cocaine to a minor that causes the minor's death
  • Death by Delivery in the First Degree — knowingly delivering methamphetamine, heroin, or cocaine that causes death
  • Death by Delivery in the Second Degree — knowingly delivering any other controlled or counterfeit substance that causes death
  • Accomplice liability under § 5-2-403 may apply

Penalties On Conviction

Aggravated
Unclassified — 20 to 60 years or Life
First Degree
Class Y — 10 to 40 years or Life (may reduce to Class A with mitigating factors)
Second Degree
Class A — 6 to 30 years (may elevate to Class Y with aggravators)

How We Defend Death by Delivery of Drugs Cases

Causation Defense
Toxicology often shows multiple substances contributed to death — defeating but-for causation.
No Knowing Delivery
The State must prove a knowing delivery; sharing among joint users is legally distinct in many cases.
Mitigating Factors
No prior felonies, minor or passive role, lack of knowledge of adulterants, or possession for personal use can reduce the class.
Suppression
Phone searches and confidential-informant testimony are vulnerable to suppression motions.

Why Experience Matters

These cases require a defense team that understands toxicology, chain-of-custody, federal/state interplay, and the political pressure prosecutors are under to secure convictions — particularly in fentanyl cases. We bring that experience to every defense.

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