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Abortion Charges

Austin Abortion Attorney

Protecting the Rights of Medical Professionals

When the Supreme Court overturned Roe v. Wade, the way states handled abortion laws changed. The overturning of Roe v. Wade didn’t outright ban abortion in the U.S. Instead, it paved the way for states to dictate their own abortion laws. In anticipation of the overturning of Roe v. Wade, many states, including Texas, passed trigger laws. These laws were designed to criminalize abortion if Roe v. Wade was overturned.

With Texas’ trigger law in effect, abortion will be overwhelmingly prohibited in the state. As noted by the State government, those who provide abortions may face serious criminal charges. Convictions can come with grave penalties. This has thrown countless healthcare and medical providers into uncertainty.

At The Law Office of Will Mitchell, we understand how scary this situation is for many medical professionals. Our Austin abortion lawyer has extensive experience defending clients facing these kinds of charges, and our law firm is prepared to help you.

If you are a doctor or other medical professional facing criminal charges related to abortion services, call The Law Office of Will Mitchell at (512) 858-8611 or contact us online.

Understanding Texas’s Abortion Trigger Law

On August 25th, 2022, Texas’ abortion trigger law, named the Human Life Protection Act of 2021, went into effect. You may be wondering what this means. Trigger laws are laws that are in place but may be unenforceable unless a change in legal circumstances comes about. In context with abortion laws, many states have trigger laws that ban abortions, but while Roe v. Wade was in place, these laws were unenforceable. With the overturning of Roe v. Wade, these laws are “triggered” and become enforceable.

Texas is a state that had one of these trigger laws in place, and it is now in effect and fully enforceable. Texas’ trigger law expressly criminalizes performing an abortion “from the moment of fertilization.” However, exceptions are made for situations in which the pregnant person has a life-threatening condition that is exacerbated by or is caused by the pregnancy.

What Penalties Do Medical Professionals Face?

Under Texas’s abortion trigger ban, providing a pregnant person with an abortion is a felony offense. As previously mentioned, this trigger law most directly impacts the medical professionals involved in providing abortion services, including doctors, nurses, and pharmacists. Due to the law’s wording, it may also affect those who help someone else access an abortion.

Potential penalties can include:

  • Five years to life in prison
  • A minimum civil penalty of $100,000
  • Revocation of medical licensing

In addition to this most recent abortion trigger ban, Texas also has laws criminalizing furnishing the means of abortion, mailing abortion medication into the state, and/or providing abortion medication to someone in the state.

What to Do If You Are Facing Criminal Charges

If you are a medical provider who has been criminally charged for an offense related to providing or performing abortion services, it is imperative that you seek legal representation as soon as possible. As the legal landscape surrounding abortions in Texas changes rapidly, especially with this trigger law having recently come into effect, how these cases will be prosecuted is still somewhat unclear. More legislation is also expected to be put forward in the coming months affecting how these cases are handled.

With so much at stake, you cannot risk defending yourself or assuming everything will turn out in your favor. Though some prosecutors have pledged not to pursue these cases, many others are not only prepared to bring charges but will do so aggressively. At The Law Office of Will Mitchell, we are keeping a close eye on this situation as it develops to fully anticipate its impact on our clients.

Our legal team is ready to provide compassionate yet strong criminal defense services to every client facing abortion-related charges. From helping you understand the charges brought against you, exploring your legal options, and defending your rights, we are here to help. Our Austin abortion attorney is tenacious and fights doggedly for our clients.

Our law firm is well-respected and known for providing personalized legal services. Contact us today to schedule a free case evaluation.

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    Will got my DWI charge dismissed in lieu of a reduced charge of obstruction of highway passage. I did test over .08 so I chose not to go to trial but there were a few other factors with my case compelling the prosecution to lower my penalties and probation to 15mo; at which time my obstruction charge will also be dismissed. I was able to take care of all my classes, evals, and community service prior to ever seeing the judge so I think that helped my case. Will and Olivia were eager to help me understand what was happening and answered all my calls and emails very promptly. I would highly recommend Will as he will fight for you.
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    I reached out to Will after finding his name through a Google search. I was not looking for DWI consultation but for unpaid tickets and a suspended license issue. He was very personable on the phone….he listened to me explain what I needed help on. He didn’t rush the call or make me feel like another dollar in his pocket. I was able to resolve my issues because of the information Will provided. If needed, Will will be the first lawyer I contact to help me with my driving issues because he was so helpful in this case.
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    Will is not only an incredible attorney, he is an incredible person. He helped me through one of the toughest times of my life and took care of everything so I could calm down and focus on finishing what I needed to finish. He even had my DUI reduced to an obstruction of a highway! I will be forever grateful for his hard work, consistent communication, and incredible knowledge of the legal process. Thank you Will!
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    Will was able to defend me and have all charges rightfully dropped. His knowledge and poise in the courtroom helped to show that the charges were inaccurate. Communication with email and by phone was great and all at a fair price. I appreciate Will assisting me with helping to defend my reputation and innocence!!! 5 stars for sure!
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