Many people assume a fentanyl arrest only involves charges such as possession, distribution, or trafficking. However, if someone is exposed to fentanyl, especially if they suffer serious injury or die, the legal consequences can become much more severe. Depending on the circumstances, South Carolina prosecutors may charge you with additional offenses that carry decades in prison on top of the underlying drug offense.
If you’re under investigation for a drug crime, our Greenville criminal defense lawyers at Eppes & Plumblee, P.A. can help you understand how your case can quickly escalate due to fentanyl exposure and why you should take every charge seriously.
Can a Drug Case Result in Additional Charges Because of Fentanyl Exposure?
Yes. A fentanyl investigation doesn’t always end with a drug possession or distribution charge. Prosecutors may pursue additional criminal offenses based on what happened after the alleged drug offense, including whether someone overdosed, whether a child was exposed, or whether other criminal conduct is involved. The additional criminal charges depend on the facts of your case, not simply the presence of fentanyl.
When a Fentanyl Overdose in Greenville, SC, Ends in Death
One of the most significant recent changes to South Carolina law is the addition of the fentanyl-induced homicide offense. Under S.C. Code Ann. § 16-3-80, you may be charged if you knowingly and unlawfully provide fentanyl or a fentanyl-related substance to another person, and that fentanyl is the proximate cause of the person’s death. A conviction carries a sentence of up to 30 years in prison.
In some cases, prosecutors may also consider other criminal charges depending on the circumstances surrounding the death and the available evidence. These investigations often involve toxicology reports, medical examiner findings, witness statements, digital communications, and evidence regarding where the fentanyl allegedly originated.
Child Exposure Can Also Lead to Separate Criminal Charges
If fentanyl is accessible to a child or a child is exposed during alleged drug activity, prosecutors may pursue additional criminal charges beyond the underlying drug crime. Depending on the facts, those charges could include offenses involving child neglect or unlawful conduct toward a child. For instance, leaving fentanyl pills within reach of a young child or exposing a child to drug activity inside a home may create allegations that extend beyond simple possession.
More Criminal Charges May Be Added
Fentanyl investigations frequently involve more than one alleged offense. Depending on the evidence, prosecutors may file additional charges such as:
- Conspiracy
- Firearm offenses
- Distribution-related offenses
- Trafficking enhancements
- Obstruction
- Other drug-related crimes
- Other offenses related to the underlying investigation
The underlying drug charge itself may also become more serious based on the amount of fentanyl involved. South Carolina’s controlled substance laws under S.C. Code Ann. § 44-53-370 and related trafficking statutes establish different penalties depending on the alleged conduct and the quantity of the drug involved.
Talk to Our Criminal Defense Attorneys in Greenville, SC, About Your Drug Charge
Fentanyl investigations typically involve multiple law enforcement agencies, digital evidence, forensic testing, and lengthy investigations. When prosecutors believe fentanyl exposure resulted in serious injury or death, the stakes can increase dramatically. Our Greenville, SC, criminal defense lawyers can evaluate the evidence, examine whether the prosecution can prove each additional charge, and begin preparing a defense tailored to the specific facts of the case.
Discuss your case in a confidential consultation by sending Eppes & Plumblee, P.A. a message online or calling 864-581-3450.