Two young adults, aged 18, are facing serious charges after an alleged drug deal resulted in the death of a drug user. This new case was filed late last year in East Stroudsburg which is located in Monroe County, Pennsylvania.
East Stroudsburg is located roughly 60 miles north of Philadelphia. Along with the Scranton, Wilkes-Barre area in Lackawanna County, Monroe County is a hotbed for heroin and drug activity. This is due to the central location of the region and its proximity to both New Jersey and New York.
Related: Criminal Murder Trials in Scranton
DRUG DEALING RESULTING IN DEATH
The two teens have been charged with various drug offenses, including conspiracy to commit drug dealing resulting in death. Over the past few years, there has been an increase in the number of criminal charges for drug dealing resulting in death in the southeastern Pennsylvania area. In 2014, 3,500 residents of Pennsylvania died due to drug overdose.
Heroin, in particular, is one of the most common drugs involved in these cases. The reality is that there is a serious heroin epidemic in the area. Heroin is much stronger than in years past. Many people with drug problems are turning to heroin as an alternative to expensive narcotic drugs. Because heroin is so addictive, many individuals have died due to overdose. The result is an increase in charges for drug dealing resulting in death.
Drug dealing resulting in death is a first degree felony. See 18 Pennsylvania Consolidated Statues Section 2506, which is provided below. An individual who is convicted under this law faces up to 40 years in prison.
CRIMINAL DEFENSES IN MAJOR FELONY CASES
Individuals who face serious felony charges such as murder, drug dealing or gun possession can present legal and factual defenses. Legal defenses include constitutional violations, such as search and seizure (4th Amendment) violations. Factual defenses such as an alibi defense may be presented.
For a free consultation in a Lackawanna, Luzerne or Monroe county case, please contact our criminal lawyers. Our firm handles criminal cases throughout the southeastern Pennsylvania area.
18 PA C.S. Section 2506
(a) Offense defined.–A person commits a felony of the first degree if the person intentionally administers, dispenses, delivers, gives, prescribes, sells or distributes any controlled substance or counterfeit controlled substance in violation of section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, and another person dies as a result of using the substance.
(b) Penalty.–
(1) A person convicted under subsection (a) shall be sentenced to a term of imprisonment which shall be fixed by the court at not more than 40 years.
(2) Paragraph (1) shall not apply to a person convicted under section 2502(c) (relating to murder) when the victim is less than 13 years of age and the conduct arises out of the same criminal act.
(c) Proof of sentencing.–(Deleted by amendment).
(d) Authority of court in sentencing.–(Deleted by amendment).
(e) Appeal by Commonwealth.–(Deleted by amendment).
(f) Forfeiture.–Assets against which a forfeiture petition has been filed and is pending or against which the Commonwealth has indicated an intention to file a forfeiture petition shall not be subject to a fine. Nothing in this section shall prevent a fine from being imposed on assets which have been subject to an unsuccessful forfeiture petition.