Lawmakers Approve Harsher Fentanyl Overdose Penalties

Measures expanding the reporting requirement for schools and stiffening criminal penalties passed almost unanimously after they were introduced in January 2025.

Del. Josh Thomas’ (D-Prince William) House bill, which passed 98 to one, would make the penalty in any such death manslaughter whether it involved a minor or adult, so only criminal negligence would have to be proved. Sen. Ryan McDougle’s (R-Hanover) similar bill, which passed thirty-three to six, would make the crime a felony homicide in the case of a minor’s death.

Thomas says because the crisis affects the entire community and since manslaughter has a lower requirement for conviction, it would provide more benefit to the community.

Both the House and Senate versions of the other fentanyl bill would require school districts to notify parents within 24 hours of a suspected fentanyl overdose on school grounds, which currently only happens when it is confirmed, which could be a months-long process.

Levels of Homicide

Ordinary and aggravated criminal cases, like ordinary assault (a misdemeanor) and aggravated assault (a felony) are very common. Homicide has four levels, all of which are felonies.

• First-Degree Murder: The most serious form of homicide is usually a lying-in-wait homicide. So is any premeditated murder, such as murder for hire or a defendant who leaves the scene and returns with a weapon. First-degree murder could also be the killing of a police officer or someone else in a protected class.
• Second-Degree Murder: The most common murder charge includes an intent to kill the victim, not an intent to seriously injure the victim. This high level of intent is difficult to prove. But, prosecutors don’t have to establish malice aforethought, and in many ways, second-degree murder is just as bad as first-degree murder.
• First-Degree Manslaughter: As mentioned in the above story, Virginia’s version of this offense requires proof of criminal negligence, which is basically two steps above ordinary negligence, like negligence in a car crash case. Criminal negligence usually implies a conscious indifference to the consequences of an act.
• Second-Degree Manslaughter: In a vehicular or DUI manslaughter, prosecutors don’t have to prove intent with regard to the result (i.e. intent to kill or conscious indifference). They must only prove that the act, such as driving drunk, was intentional and that, by acting in such a way, the defendant didn’t care about the consequences.

Lack of evidence, especially regarding intent, may be one of the most common murder defenses. Generally, prosecutors use conduct to prove intent. If Mike shoots Larry once, a Leesburg criminal defense lawyer could argue that Mike is guilty of manslaughter. If Mike shoots Larry more than once, that argument will probably fall flat.

Procedural defenses, such as an illegal search or illegal interrogation, could apply in homicide cases as well. Usually, police officers must have search warrants based on probable cause to seize physical evidence. They must apprise defendants of their Fifth Amendment right to remain silent before they interrogate a suspect in custody (the person doesn’t reasonably feel free to leave).

Drug Overdoses in Civil Court

Many crimes have consequences in civil court, and drug overdoses fall into that category. For example, the property owner could be civilly liable for damages in drug overdose cases. Property owners cannot turn a blind eye to safety hazards, like drug use. That’s why the expedited school notification requirement is so important.

A Leesburg personal injury lawyer could also take legal action against a doctor in these situations. Many physicians write prescriptions without asking too many questions. That misconduct could result in a painkiller overdose or a heroin overdose. If a doctor initially over-prescribed a painkiller and then cuts off the supply, the addict often turns to an illegal drug, usually heroin.

Criminal and civil courts serve distinctively different purposes in drug overdose matters. Criminal courts punish offenders and civil courts compensate victims.

Reach Out to a Diligent Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Virtual, home, and jail visits are available.

Source:

wtvr.com/news/local-news/virginia-fentanyl-bills-feb-6-2025