Throughout the United States, there is controversy over the legality of abortion. While the Supreme Court has ruled that the right to an abortion is protected in the U.S. Constitution, there are limits to this fundamental right.
Although women cannot be prosecuted for obtaining a lawful abortion, there are certain restrictions that do exist regarding what a woman can do to terminate her pregnancy and when. One such law is found in Nevada Revised Statute section 200.220, which deals with taking drugs to terminate the pregnancy.
If you have been accused of taking drugs to terminate a pregnancy, it is important that you understand exactly how the law applies to your situation, what a prosecutor must prove, and what potential penalties could be imposed upon you if convicted. Cases related to the taking of drugs to terminate a pregnancy are often highly complicated and emotionally fraught cases, so it is vitally important to involve an attorney as early as possible in the process of dealing with accusations of wrongdoing so you can work with your lawyer to make rational decisions about developing the right legal strategy for responding to charges.
LV Criminal Defense is here to help you. Our Vegas defense lawyers have provided representation to many clients accused of taking drugs to terminate the pregnancy. To find out about how we can help you to fight for your future and avoid serious penalties associated with terminating a pregnancy in an unlawful way, give us a call today.
Nevada Revised section 200.220 explains the circumstances under which it is considered to be unlawful to take drugs in order to terminate a pregnancy.
A woman can be charged with this offense if she takes or uses any type of drug, medicine, or substance with the intention of terminating her pregnancy after the 24th week of the pregnancy. She can also be charged for using any instrument or other means with the goal of terminating a pregnancy after the 24th week. In addition, a woman can be charged if she submits to the use of drugs or other substances to terminate her pregnancy after the 24th week.
There is, however, an exception. A woman cannot be charged if a physician, acting in accordance with Nevada law, causes her to submit to the use of a substance or other means necessary to cause the death of a child.
Simply taking the drugs or substances is not sufficient to result in a woman being charged; however. The prosecutor not only must show that the expectant mother took the substances or used other means to cause the death of the child, but must also show that the child actually did die as a result of the mother’s actions.
If a prosecutor successfully proves a case against the mother by showing that the mother took drugs, allowed drugs to be administered, or used other means to terminate the pregnancy after 24 weeks, the mother can be charged with a Category B felony and can be imprisoned for a minimum term of imprisonment of one year and a maximum term of imprisonment of 10 years. She can also be fined up to $10,000.
If you have been accused of taking drugs to terminate a pregnancy, you should get a Las Vegas criminal attorney on your side as soon as possible to try to assist you in responding appropriately in an investigation or if you are charged.
LV Criminal Defense can work closely with you to evaluate the case against you and to either fight for an acquittal or negotiate a plea agreement. To find out more about the ways in which we can help you, give us a call today.