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.
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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