Have you been Charged with Assault on an Unborn Child in Georgia?
If you have been charged with assault of an unborn child, you are not only facing the stigma that the crime comes with, but also serious consequences. If you or a loved one has been charged with this crime, Lawson and Berry and their team of Georgia Attorneys will listen to your story without judgment and will seek to help you. Our Lawyers have years of experience in criminal law and will build the best defense possible for you case. Contact us today for a free consultation.
The Crime of Assault on an Unborn Child in Georgia
A person commits the offense of simple assault when he or she either (1) attempts to commit a violent injury to the person of another; or (2) commits an act, which places another in reasonable apprehension of immediately receiving a violent injury. O.C.G.A. §16-5-20
The crime of assault differs with regards to an unborn child because the child is unaware that they will be injured. Therefore, Georgia established their own statute to deal specifically with unborn children. First, Georgia law defines unborn child as a member of the species homo sapiens at any stage of development who is carried in the womb. O.C.G.A. §16-5-28(a)
O.C.G.A. §16-5-28 defines the crime of assault on an unborn child as:
A person commits the offense of assault on an unborn child when such person, without legal justification, attempts to inflict violent injury to an unborn child.
Penalty for Assault on an Unborn Child Conviction in Georgia
A person convicted of the offense of assault on an unborn child shall be guilty of a misdemeanor and will be subject to a penalty of fines, prison time, or both. It will be left up the discretion of the judge to determine the penalty.
Defenses in Georgia
It was an accident: If the incident was an accident, then you could have a defense to this crime. An example would be if you were falling and could not control your arms and you pushed a pregnant woman down the stairs. Your Attorney will examine every detail of your case to help establish this argument if it applies to you.
There was legal justification: As stated in the statute, if you had justification for attempting to inflict serious injury, then you cannot be guilty of assault on an unborn child.
Abortion: If a pregnant woman consents to an abortion, then this statute does not apply and there is no crime.
Medical Treatment: If a pregnant woman sought medical treatment for herself or the unborn child, then the Statute does not apply to that treatment and therefore there was no crime.
What are not Defenses to Assault on an Unborn Child
There was no actual injury: It does not matter if harm occurs or not. Any attempt to inflict serious injury will be considered assault.
It was not violent injury: While there is not specific definition for what constitutes violent injury, most courts have taken the view liberally and have extended it to include essentially any attempts to injure an unborn child.
Having knowledgeable representation is of up the utmost importance when facing a criminal charge. Your Georgia Assault Attorney will investigate all the details surrounding your case and evaluate your options. They will be available all the time to you – even nights and weekends – because your case is important. Lawson and Berry and their team of Assault Attorneys will work with you to fight your charge and avoid a conviction. Call today and schedule a free consultation.