Tennessee Criminal Abortion Lawyers
Criminal Abortion and Other Related Offenses
If you have been charged with criminal abortion or as an accomplice to criminal abortion or for another related offense in Tennessee, the attorneys at the law offices of Baker Associates near Knoxville and Sevierville will employ powerful defense tactics to protect your legal rights.
Our experience can help you understand the complex legal issues that arise when you have been charged with criminal abortion. By investigating the issues involved we can often find weaknesses and inconsistencies in the government's case that help protect your legal rights. As a former prosecutor, Joseph A. Baker has the knowledge and experience necessary to properly defend you if you have been accused of this crime.
Criminal Abortion in Tennessee
For you to be found guilty of the offense of criminal abortion, the state must prove beyond a reasonable doubt the following elements:
- First, the defendant must have performed an abortion upon a pregnant woman. Abortion in Tennessee means the administration to any pregnant woman of any medicine, drug, or substance, or the use or employment of any instrument or other means, with the intent to destroy the fetus before birth.
- Second, the state must prove that the defendant acted with the intent to destroy the fetus.
- Third, the state must prove that the fetus was destroyed before birth.
Exceptions to Criminal Abortion in Tennessee
It is an exception to this offense that the abortion was performed in either of the following circumstances:
- The abortion was performed during the first three months of the pregnancy with the pregnant woman's consent and pursuant to the medical judgment of the attending licensed physician, or
- The abortion was performed after three months of the pregnancy, but before viability of the fetus, with the pregnant woman's consent. (While the law says that after three months the abortion must take place in a hospital, the Supreme Court has held this provision to violate the privacy rights guaranteed under the Tennessee Constitution), or
- The abortion was performed during viability of the fetus (meaning that the fetus can survive outside the womb) with consent of the pregnant woman and her attending physician, and, her physician certifies that the abortion is necessary to preserve the life or health of the mother within a reasonable degree of medical certainty. This is often called the Tennessee health exception.
Penalties for Criminal Abortion in Tennessee
Criminal abortion is classified as a Class C felony. You may also be charged as an accessory to criminal abortion if you assisted the principal offender in any way. If convicted, you could face:
- Time in prison,
- Fines,
- Supervised release, and/or
- Probation
Other Abortion-Related Crimes in Tennessee
Tennessee law punishes any attempt to cause a miscarriage unless the person attempting to procure the miscarriage meets the exceptions described above for criminal abortion. Attempt to procure a criminal miscarriage is a Class E felony.
Also, any person who compels, coerces, or pressures (exercises duress upon) another for the purpose of causing a pregnant woman to have an abortion is guilty of a Class A misdemeanor.
Protecting the Rights of Our Clients
In order to strengthen your position as one of our clients, attorney Joseph A. Baker and his associates have received the most up-to-date training available. By attending numerous seminars and colleges, including the prestigious National Criminal Defense College, each attorney at the Knoxville and Sevierville, Tennessee law offices of Baker Associates will fight to see that your rights are protected in court.
If you have been accused of criminal abortion or as an accomplice or other related offense in Tennessee, don't hesitate to contact attorney Joseph A Baker and his associates to discuss your case.
To schedule a complimentary evaluation with a criminal abortion defense lawyer at our office serving Pigeon Forge, Knoxville, and Sevierville, complete the form below.
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Knox County
2126 First Tennessee Plaza
800 South Gay Street
Knoxville, Tennessee 37929
Phone: 865-521-0001
Sevier County
121 Court Avenue
Sevierville, Tennessee 37862
Phone: 865-428-2888
Washington County
300 East Main Street
Johnson City, Tennessee 37601
