Drug overdoses leave behind heartbreak, trauma and unanswered questions.

While the immediate aftermath understandably centers around the victim’s family and community, attention soon shifts to accountability — particularly in California, where prosecutors are increasingly determined to hold drug suppliers legally responsible for overdose deaths.

If authorities link a person to drugs involved in a fatal overdose, they can face serious criminal charges, including lengthy prison sentences. If you were suspected of providing someone who later died with drugs, it’s important to understand your potential exposure to criminal charges.

Here’s what you need to know about your legal risks.

Can you go to prison?

The short answer is yes, you might face prison time. California prosecutors will generally pursue one of two charges overdose deaths: second-degree murder or involuntary manslaughter.

Additionally, federal charges can apply, especially if the drug distribution involves crossing state lines or is part of a broader conspiracy.

Here’s how these charges apply.

Second-degree murder

Second-degree murder charges apply in cases where the defendant’s actions displayed “depraved indifference to human life” or extreme recklessness. Selling drugs you know could cause death may qualify.

In order to convict someone of second-degree murder, prosecutors must prove:

They knowingly distributed a dangerous substance.
They understood the risks associated with the drug.
They consciously disregarded those risks, acting with extreme recklessness.

In California, second-degree murder typically carries a state prison sentence of 15 years to life. Aggravating factors, such as a defendant’s criminal record, may trigger California’s Three Strikes Law, increasing penalties significantly.

Involuntary manslaughter

Involuntary manslaughter charges apply to reckless or criminally negligent conduct. These charges are less severe than second-degree murder.

In order to convict someone, prosecutors must establish:

They acted negligently or recklessly.
Their actions directly contributed to the victim’s death, even though it was unintended.

In California, involuntary manslaughter is always charged as a felony.

Convictions carry prison sentences of 2-4 years, depending on criminal history, and courts may impose additional consequences like fines, restitution to victims’ families, and loss of gun ownership rights.

Federal charges

Federal charges typically come into play when drug trafficking crosses state lines or involves larger criminal networks.

Federal statutes, such as conspiracy to distribute controlled substances resulting in death (21 U.S.C. § 841), carry severe penalties, including mandatory minimum sentences ranging from 20 years to life in federal prison.

The Matthew Perry case: A real-world example

In 2023, actor Matthew Perry died from the “acute effects of ketamine,” highlighting how prosecutors build cases against drug suppliers.

In May 2024, federal authorities charged several individuals linked to Perry’s drug supply chain with conspiracy to distribute controlled substances resulting in death.

Investigators traced Perry’s overdose back to these defendants, relying heavily on digital evidence, including text messages and toxicology reports. The prosecution argues the defendants knew or should have known about ketamine’s lethal risks, potentially escalating charges.

Factors influencing liability

Several factors significantly influence the severity of charges and potential penalties:

Quantity and type of drugs – Supplying drugs such as fentanyl, heroin, or methamphetamine significantly raises the stakes, as these substances are notoriously lethal even in small doses. The larger the quantity or potency of drugs supplied, the more likely authorities will pursue aggressive prosecution and severe sentencing.
Awareness of risk – If there is evidence you were aware — or should have been aware — that the drugs supplied had a high risk of causing overdose or death, prosecutors may argue you acted recklessly or with depraved indifference. Previous incidents, knowledge about similar overdoses, or communications highlighting known dangers can all increase legal vulnerability.
Circumstances of sale – Selling drugs within an organized network, providing explicit usage instructions, or actively marketing their potency can escalate charges considerably. If the drugs were sold to particularly vulnerable individuals, such as minors, prosecutors might pursue harsher penalties.

Possible defense strategies

Several potential defense strategies exist when facing drug overdose-related charges:

Challenging causation – Defense attorneys might argue that the drugs you provided were not the direct cause of death, highlighting other substances found in the victim’s system or medical conditions that contributed to the fatality.
Disputing intent – Demonstrating that you had no intention of causing harm and did not foresee the overdose as a probable outcome can be crucial. Emphasizing the accidental nature of the death might help mitigate charges or penalties.
Questioning evidence legality – Evidence must be obtained legally. Your defense team will thoroughly review law enforcement actions, including searches, seizures, and interrogations, to identify violations of your constitutional rights, potentially excluding critical evidence from trial.

Contact Helfend Law Group today

California’s legal environment is increasingly severe for drug-related offenses. If you or a loved one face such charges, Helfend Law Group is here to guide you, carefully assess your unique situation, and aggressively fight for the best outcome.

You and your family don’t have to navigate this complex legal journey alone.

Since 1984, Robert M. Helfend has secured favorable outcomes for thousands of clients across California. Recognized by Lead Counsel, Super Lawyers, and the National Trial Lawyers Top 100, he is an experienced and award-winning criminal defense attorney. For a free case review, call 800-834-6434 today.

Published March 27, 2025