Drug murder charges can occur if the individual that committed the murder was found to be under the influence of drug or that drug related lifestyle issues where the motivation for the murder. It is estimated that less than 3% of all convicted murderers completed the crime based solely on their drug related lifestyle. As with all types of murder charges there must have been some level of premeditation or intent to cause serious bodily injury or death to be charged with murder. Drug murder charges are not mitigated by the presence or the testimony of the accused that they were under the influence of drugs at the time of the crime. Any type of murder prosecution has to be able to prove intent, motive and actual homicide, while the defense attempts to prove mitigating circumstances. In some areas is there is a mental health issue due to the drug use, this may be considered by the court during sentencing.