Someone is gone, and you were there. Maybe it was someone you loved. Maybe it was a friend you had known for years.
Now the police keep calling, and you cannot shake the feeling that you are about to be blamed for their death. You are scared you could lose decades of your life in prison for something you never wanted to happen.
Contact The Shotwell Law Group and tell us what happened. Our Wilmington death by distribution lawyer will listen first and then start building your defense.
H. Lawrence Shotwell opened The Shotwell Law Group in Wilmington in 1997. For nearly 30 years, he has stood in New Hanover County courtrooms defending clients against the state’s most serious charges, from first-degree murder to drug trafficking. That trial record matters in a death by distribution case, where the state is treating an overdose like a homicide and asking a jury to see you the same way it would see a killer.
Our firm’s reputation is reflected in the following distinctions:
People who felt certain their lives were over have walked out of that courthouse with a future still ahead of them. We bring that same experience to every level of a death by distribution charge, including:
Each of these charges carries different exposure, and the difference between them can mean years instead of decades in prison.
Prior results do not guarantee a similar outcome.
North Carolina takes this charge seriously. Under N.C.G.S. § 14-18.4, it is a felony to sell or deliver certain drugs if someone dies after using them. The state does not have to prove you wanted anyone to die.
The penalty depends on the charge. A basic sale-based charge is a Class B2 felony. That can mean decades in prison. By contrast, an aggravated charge, filed when you have a prior drug conviction, is a Class B1 felony.That carries even longer exposure.
There is one important exception. If you called 911 or got the person medical help, North Carolina’s Good Samaritan law, N.C.G.S. § 90-96.2, may protect you from certain charges. Our death by distribution defense lawyer can check if this protection is available in your case.
You’ll appear in court fast. Most death by distribution cases in this area move through the New Hanover County Courthouse at 316 Princess Street in downtown Wilmington. You’ll typically see a magistrate within hours of your arrest. The magistrate sets your conditions of release. From there, North Carolina law gives you a formal first appearance before a district court judge within 72 hours of arrest (96 hours if the courthouse is closed longer than 72 hours).
The first days matter most. Investigators can gather phone records, text messages, and toxicology results quickly. The story of what happened can get locked in before you ever speak with a lawyer.
The Shotwell Law Group moves just as fast. We start working the moment you call. Our Wilmington defense attorneys review the medical examiner’s findings, the chain of custody on any drugs recovered, and whether the state can prove your conduct actually caused the death, rather than some other factor.
No. Death by distribution never requires an intent to kill. It only requires that you delivered or sold a certain controlled substance that caused a death. The state does not have to show you wanted anyone to die, which is part of what makes this charge so hard to beat without help. Prosecutors sometimes weigh both charges in the same case, and your defense strategy depends on which one you are actually facing.
North Carolina’s Good Samaritan law can protect people who seek medical help for someone experiencing an overdose from certain drug charges. Whether that protection applies to your situation depends on exactly what you did and when you did it, and it is one of the first defenses we investigate in every case like this.
Yes. Investigators often move quickly to gather phone records, witness statements, and toxicology results in the days right after a death, and once that evidence is locked in, it becomes much harder to challenge. Talking to us before you talk to anyone else gives you the best chance of shaping how this case unfolds.
We start by pulling apart the state’s timeline. We look at the medical examiner’s report, the chain of custody on any drugs recovered, and whether the state can prove your conduct caused the death rather than another factor, like a prior health condition or another substance in the person’s system. In 29 years of trying serious felony cases in New Hanover, Pender, and Brunswick counties, we have learned that these cases are usually won or lost in those details.
Every case is different, and the cost depends on the charge level and how much work your defense requires. Contact us for a confidential consultation, and we will talk through the charge you are facing and what defending it will realistically involve.
A death by distribution charge does not wait for you to be ready. Evidence gets gathered fast, and the story of what happened can get written without you if you stay quiet too long. Contact The Shotwell Law Group today for a confidential consultation, and let us start building your defense before the state finishes building its case.
This information reflects North Carolina law as of July 2026.