5-14-2022 11:02pm

Distributing narcotics resulting in death: Penalty 20yrs to Life

Lorraine Mabbett Editor

There are two ways, in California, to prosecute an illegal fentanyl transaction which results in an overdose and death.

One has to do with state laws which basically allows the perpetrator to not be charged with murder, because California law stipulates "murder involves intent" so all a clever attorney has to do is plead his client, the dealer, did not intend for the recipient to die. This basically sets the dealer free of repercussions and accountability.

The other is Federal prosecution, because Federal law stipulates the penalty for distributing narcotics resulting in death carries a penalty of 20 years to life. There is no intent clause.

An honest DA from Orange County, Mark Spitzer, hears the families of those who have died. He is utilizing a budget item passed by the Board of Supervisors to prosecute fentanyl dealers with those Federal parameters.

OC BOS budgeted a deputy DA Position
Budgeted Deputy DA is
- Cross-designated with US Dept of Justice
- Able to file Federal Charges
- Currently undergoing a Federal Background Check

Conversely some think-tank proponents suggest the street dealers don't know of the penalties and so they won't be deterred. It remains to be seen if the decrease in distributors on the street, if the word gets around why there is a decrease, due to arrests and convictions; will allow a reprieve as the statistics of fatalities to also decrease.

The bracelet Mark Spitzer wears comes from Drug Induced Homicide.

The D.A. website articulates the focus of the office: PUBLIC SAFETY.

"A champion for public safety. The mission of the Office of the Orange County District Attorney is to enhance public safety and welfare and to protect and respect crime victims and to create security in the community through the vigorous enforcement of criminal and civil laws in a just, honest, efficient and ethical manner."