Have you been Charged with Battery of an Unborn Child in Georgia?
Many crimes that automatically receive negative reactions and hostility when discussed Battery of an unborn child is one of those crimes. If you or a loved one has been charged with this offense, the 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 your case. Contact us today for a free consultation.
Georgia Law on Battery of an Unborn Child
Georgia defines a crime as a battery when someone intentionally causes substantial harm or visible bodily harm to another. O.C.G.A. §16-5-23.1. Also, Georgia has their own statute for when that battery is committed upon an unborn child. Under Georgia law, an unborn child means a member of the species homo sapiens at any stage of development who is carried in the womb. O.C.G.A. §16-5-29.
O.C.G.A. §16-5-29 states a person commits the offense of battery of an unborn child when such person, without legal justification, intentionally inflicts physical harm upon an unborn child.
Penalty for Battery of an Unborn Child Conviction
A person convicted of the offense of battery of 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 sentence.
Lack of Intent: Proving that you did not have the intention to complete a battery of an unborn child will be a complete defense to this crime. You can work with one of our experienced Attorneys to develop this argument and present evidence that shows you did not have the intent to commit the charged offense.
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 not physical harm: If no injury resulted from the battery, then you cannot be guilty of battery of an unborn child. Any evidence that no harm or injury occurred would be greatly beneficial to your case.
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 battery of 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
There was no actual injury: It does not matter if harm occurs or not. Any attempt to inflict serious injury will be considered battery.
It was not a violent injury: While there is not a precise definition of what constitutes violent injury, most courts have taken the view liberally and have extended it to include basically any attempt to injure an unborn child.
It was for religious reasons: Religion, ritual, custom, or usual practice reasons will not be adequate defenses. The Court will not accept them. Therefore, you will be found guilty of battery of an unborn child.
Having knowledgeable representation is of up the utmost importance when facing a criminal charge. Your Georgia Child Battery Attorney will investigate all the details surrounding your case and evaluate your options. We are available anytime – even nights and weekends. Your case is important to us. Lawson and Berry and their team of Child Battery Attorneys will work with you to fight your charge and avoid a conviction. Call today and schedule a free consultation.