When individuals overdose on drugs, such as heroin and other opiates, the person supplying the drugs faces serious charges in Pennsylvania.  One of those charges is Drug Delivery Resulting in Death, which is a felony charge similar to Third Degree Murder.

Per 18 Pennsylvania Statutes Annotated § 2506, Drug Delivery Resulting in Death is defined as the following:

(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.


At the end of June, the Montgomery County District Attorney’s Office charged a Philadelphia man, Harold Burton, with criminal homicide in the death of a Pottstown woman this past January. The woman died after an overdose on heroin.  Her body was found in her apartment on January 29, 2016.  Burton is charged with Drug Delivery Resulting in a Death.

According to police, the night before she was found, the victim sent and received texts from Burton, her alleged heroin supplier, and made arrangements to have the heroin delivered to her apartment.  Video evidence allegedly showed Burton enter and exit the apartment alone.  He was the last person seen entering or exiting the apartment until the victim’s boyfriend found her the next morning.

An autopsy determined that the victim died of a fentanyl overdose, and not a heroin overdose.  Fentanyl is known to be 40-50 times more deadly than heroin sold on the streets.

Burton is charged with Drug Delivery Resulting in Death and other related charges (felony manufacture, delivery and possession of controlled substances, criminal use of communications and misdemeanor drug charges).


David S. Nenner is a Top Rated Philadelphia Criminal Defense Lawyer and has been a criminal lawyer since 1985.  He has handled countless complex drug and murder cases in Philadelphia, Scranton and other parts of PA.  Mr. Nenner offers FREE consultations.  Call (215) 564-0644 to schedule a consultation.

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Source: www.phillyvoice.com (DA: Philadelphia man charged in Pottstown woman’s fentanyl overdose)