Email or Call (215) 564-0644

    Philadelphia, PA Drug Charges: What is Drug Delivery Resulting in Death?

    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.

    Philadelphia Man Charged With Drug Delivery Resulting in Death

    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).

    Philadelphia Criminal Defense Lawyer – Drug and Homicide Charges in Pennsylvania

    David 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.

    Disclaimer: This website does not create any attorney-client relationship or provide legal advice. Our lawyers provide legal advice only after accepting a case. It is imperative that any action taken is done on advice of counsel. Read full disclaimer below.

    Source: (DA: Philadelphia man charged in Pottstown woman’s fentanyl overdose)

    David S. Nenner

    "Top Rated Criminal Defense Lawyer"

    Not guilty on 1st Degree MURDER CHARGE (dec. 2022, Pottsville, Pa)

    Mr. Nenner's client faced first degree murder, third degree murder and various other charges. The Commonwealth alleged that Mr. Whitted stabbed and killed a driver after an incident at a red light in West Brunswick Township. Throughout the trial, Mr. Nenner argued...

    MURDER, Att. Murder CHARGES – Negotiated Significantly Lower prison sentence (Feb. 2022, PHILA)

    Mr. Anderson faced murder and attempted murder charges after an incident in Northeast Philadelphia involving the shooting death of Anderson’s sister’s boyfriend and the boyfriend’s roommate who was shot 5 times and survived. The decedent had previously beaten the...


    The Commonwealth alleged that Mr. Shelton shot and seriously injured a male in a bar in North Philadelphia called Circles. There was video of the shooting which happened outside the bar. However, Mr. Nenner presented witnesses who testified that the person in the bar...


    Mr. Nenner's client was charged with multiple crimes (murder, conspiracy, aggravated assault, robbery, etc.) after a shooting death occurred at a gambling house in North Philadelphia. At trial, Mr. Nenner successfully presented a self-defense argument and convinced...


    Mr. Nenner’s client was charged with murder and gun charges in Philadelphia. The client was accused of shooting and killing another male on Arch Street near the 5600 block of Ithan Street in Philadelphia. The jury returned a verdict of not guilty after deliberating...

    Drug Charges in Philadelphia PA State Court – Possession of a Controlled Substance

    In most criminal drug cases in Philadelphia, there are two common charges or offenses: Possession of a Controlled Substance and Possession of a Controlled Substance with Intent to Deliver. In addition to these drug charges, there are other drug related charges, such...

    Drug Charges in Philadelphia PA State Court – What is “Possession”

    Page last reviewed and updated: October 20, 2019 One of the most common types of criminal state (PA) cases in Philadelphia is possession of drugs. Possession of a Controlled Substance (PCS) and Possession of a Controlled Substance with Intent to Deliver (PWID) often...

    Pennsylvania Second Degree Murder (AKA: Felony Murder) Law

    Philadelphia criminal lawyer David S. Nenner discusses the current status of second degree murder law in Pennsylvania. This is also known as the felony murder rule. Get info about PA court decisions and the agency theory. Not every case of death during the commission of a felony will result in a second degree murder conviction in PA.

    Philadelphia Murder Cases – Police Investigation Tactics

    Questioning Police Officer Tactics in Philadelphia Murder Cases Within the last 10 years, there have been several murder Philadelphia criminal cases in which the accused individuals were acquitted of the crimes. In these cases, the individuals spent months, if not...

    Murder Charges in Pennsylvania – Murder Law in Pennsylvania

    An explanation of Pennsylvania murder laws including Section 2502. What is murder in the first degree, murder in the second degree and murder in the third degree. Get a summary of the definitions under Pennsylvania criminal law.