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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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  • "Thank you for all you did to see me get through this detrimental process."
    Olivia and Will are amazing to work with! They make the process completely the easiest it can be during a time of stress and worry. Will knows the laws and his overall industry well. Will keeps pushing for his desired ruling, and will make sure that he has done everything in his power to make sure you get the best ruling possible. Olivia makes sure you are aware of all the events that are needed during your trial process and makes sure you don’t miss out on any necessary paperwork, dates, classes, etc. — she and Will want to see you come out on the other end as winning as possible. They both care for their clients and I thank them for all they have done to make sure this process has been one of LESS STRESS. Thank you Will and Olivia, you two are an amazing team and force — I highly recommend your services to any full-time working professional, thank you for all you did to see me get through this detrimental process.
    Vonnie
  • "Highly knowledgeable with the utmost professionalism."
    Greatest Criminal Defense Attorney! Highly knowledgeable with the utmost professionalism. I was charged with a DWI 2. Attorney Will worked very hard for me and got it reduced to a DWI one, no probation, no fines, just court costs. I couldn’t ask for a better attorney!
    K.L.
  • "Will Mitchell did an amazing job getting my case dismissed!"
    Will Mitchell did an amazing job getting my case dismissed! After failed attempts with several other top attorneys in Austin Will was able to fight for me to get my life back on track. I’m very thankful for his hard work and effort to do what others could not do. If you need an attorney to fight for you and get the job done Will Mitchell is the man. Don’t waste your time with others who will only take your money and not care what happens to you or your future. Thanks, Will.
    Former Client
  • "I would highly recommend Will as he will fight for you."
    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.
    Todd
  • "Mitchell knows the system and how to guide you through it all."
    Well what can I say that everyone else hasn’t said?! Very glad to have found Will Mitchell. Will and his staff are highly professional and will handle your case promptly and efficiently. Mitchell knows the system and how to guide you through it all. While I intend on avoiding anymore run-ins with the law in the future, I definitely would recommend his services to anyone else who might need help.
    Maria
  • "I would recommend him to everyone!"

    Will is awesome!!! Great lawyer!! Super friendly, knowledgeable, and hands down the best lawyer to have on your case! Will and Olivia (his assistant) were always there to answer any questions I had about anything! He helped me with a payment plan, and he just really made the whole process way less stressful! I would recommend him to everyone! Thanks again, Will!!

    Whitney C.
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    I had charges filed on me and had no idea what I was going to do. I contacted Will Mitchell’s law office and immediately felt better. Will talked to me on the phone and told me what to expect for the next 4 months. Everything he said was on point. He helped me take care of my case and I could not be happier. I highly recommend Will and his team.
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  • "The man knows how to right a wrong."

    Mr. Mitchell worked on having my charges dropped and my clean record reinstated. The man knows how to right a wrong.

    Sam G.