Murder by Drug Distribution

Section 782.04(3) Florida Statute explains the elements of the first-degree felony version of murder known as “First Degree Murder by Drug Distribution.” Murder by drug distribution occurs when a person 18 years of age or older unlawful distributes any of the following qualified substances, or mixture containing any of the following substances when such substance or mixture is proven to be the proximate cause of the death of the user.

The courts in Florida have held that under Florida Statute Section 782.04(1)(a)3., a defendant does not need to intend an act of homicide, have knowledge of a drug overdose, or be present when it occurs. In order to be guilty of this offense, the defendant need only intend to unlawfully distribute one of the prohibited drugs that results in a death caused by the drug.

The qualified substances for purposes of the murder by drug distribution statute include:

  1. A substance controlled under s. 893.03(1) (Schedule I);
  2. Cocaine, as described in s. 893.03(2)(a)4.;
  3. Opium or any synthetic or natural salt, compound, derivative, or preparation of opium;
  4. Methadone;
  5. Alfentanil, as described in s. 893.03(2)(b)1.;
  6. Carfentanil, as described in s. 893.03(2)(b)6.;
  7. Fentanyl, as described in s. 893.03(2)(b)9.;
  8. Sufentanil, as described in s. 893.03(2)(b)29.; or
  9. A controlled substance analog, as described in s. 893.0356, of any substance specified in sub-subparagraphs a.-h.

Attorney for Drug Distribution Murder in Palm Beach County, FL

For charges of first-degree murder by drug distribution, contact an experienced criminal defense attorney in West Palm Beach, FL, at Meltzer & Bell, P.A.. We represent clients charged with a variety of homicide charges including first-degree murder, second-degree murder, and manslaughter.

Contact us to find out more about the charges pending against you, the typical way those charges are resolved in court, and the best defenses that can be used to aggressively fight the allegations.

Call (561) 557-8686 today.


Back to top

Defenses for Murder by Drug Distribution under 782.04(1)(a)(3)

Drug Distribution Murder Lawyer

The defense for this crime often revolves around whether the defendant is eighteen (18) years of age or older. Other defenses are based on causation when the State fails to prove that the victim died as a direct result of the defendant giving the person any drug. Other defenses require the criminal defense attorney to request a jury instruct on the defense of justifiable and excusable homicide.

If you were charged with Florida Statute Section 782.04(1)(a)(3), then contact an experienced criminal defense attorney at Meltzer & Bell, P.A. in West Palm Beach, FL. Our attorneys are experienced in asserting defenses related to excusable and justifiable homicide when the evidence supports those defenses.

We fight charges of distribution of a controlled substance under section 983.03(1), Florida Statutes, and first-degree murder under section 782.04, Florida Statutes.


This article was last updated on Thursday, March 22, 2018.

  • Law Firm 500 Fastest Growing Law Firms In the U.S - 2017 Honoree
    Meltzer & Bell, P.A. was an honaree for the Fastest Growing Law Firm In the U.S. award in 2017.
  • National College for DUI Defense
    The NCDD is a professional, non-profit corporation dedicated to the improvement of the criminal defense bar, and to the dissemination of information to the public about drunk driving law and related issues.
  • Broward Association of Criminal Defense lawyers
    BACDL's mission is to assist, support, and strengthen the Broward County criminal defense practitioner in the zealous defense of individuals and their Constitutional rights.
  • Florida Association of Criminal Defense Lawyers
    Promoting excellence and integrity in the practice of criminal law.
  • National Association of Criminal Defense Lawyers
    NACDL is an American criminal defense organization. Members include private criminal defense lawyers, public defenders, active U.S. military defense counsel, judges and more.
  • National Organization for the Reform of Marijuana Laws
    NORML is an American non-profit organization based in Washington, DC whose aim is to achieve the legalization of non-medical marijuana in the United States.
  • DUI Defense Lawyers Association
    The DDLA was founded on principles of democracy, transparency, and freedom of speech. We provide support, resources and education to the top DUI attorneys nationwide.
  • Better Business Bureau
    The BBB, founded in 1912, is a private, nonprofit organization whose self-described mission is to focus on advancing marketplace trust.
  • Law Firm 500 Fastest Growing Law Firms In the U.S - 2017 Honoree
  • National College for DUI Defense
  • Broward Association of Criminal Defense lawyers
  • Florida Association of Criminal Defense Lawyers
  • National Association of Criminal Defense Lawyers
  • National Organization for the Reform of Marijuana Laws
  • DUI Defense Lawyers Association
  • Better Business Bureau

    Contact Us Now

    Call (561) 557-8686 or complete the form. Phones answered 24/7. Most form responses within 5 minutes during business hours, and 15-20 minutes during evenings and weekends.

    100% Secure & Confidential