Georgia Criminal Defense Lawyer Blog
Feticide in GA is when someone intentionally causes the death of an unborn child by harming the mother. This would be considered murder if it resulted in the mother’s death. Feticide can also occur by causing the death of the fetus while committing a felony. This feticide definition is outlined in Georgia Code § 16-5-80.
The law applies to “unborn children” at any stage of development in the womb. New laws, such as the six-week abortion ban in 2022, aim to protect the rights of unborn babies. These laws may also bring more focus on actions that could harm a fetus.
Georgia’s feticide law has changed recently, along with laws in other states. This happened after the U.S. Supreme Court overturned Roe v. Wade. The state Supreme Court has upheld Georgia’s six-week abortion ban.
The ban recognizes fetal personhood. This decision could potentially expand feticide laws in the state. The ACLU reported on this development.
Penalties Upon a Feticide Conviction
Conviction for feticide in Georgia carries a severe penalty of life imprisonment. For cases involving voluntary manslaughter of an unborn child, where the death occurs due to sudden, violent passion resulting from serious provocation, the sentence ranges from 1 to 20 years in prison.
Georgia law also punishes causing harm to a fetus by vehicle. First-degree offenses can lead to 3 to 15 years in prison. Second-degree penalties are determined by Code § 17-10-3.
Courtroom Defenses Against Feticide
Our Georgia feticide lawyers have been successful with the following defenses against feticide charges in Georgia:
- Lack of intent to harm the mother or unborn child
- Accidental occurrence rather than intentional action
- Absence of physical harm resulting from the alleged act
- Legal justification for the actions taken
The law prohibits prosecuting abortions, medical treatments for pregnant women or unborn children, and actions taken by pregnant women. The law does not allow legal action against these things. This includes actions taken by pregnant women to protect their health or the health of their unborn child.
Call criminal defense lawyer Larry Kohn or Cory Yager at (404) 567-5515 to set up a free consultation if you were charged with feticide in the United States. Larry and Corey can help with your case in Georgia. If you need a top criminal lawyer in another state, we can connect you with a local law firm familiar with your state laws. Larry or Corey can assist you in understanding your legal options and navigating Georgia’s feticide laws.
Long-Term Impacts of a Feticide Conviction
A feticide conviction in Georgia carries severe and long-lasting problems. Here are some of the primary consequences:
Legal and Criminal Record – no expungement is available
Life Imprisonment: A feticide conviction results in a life sentence in prison, which is the most significant immediate consequence.
Felony Record: Being convicted of feticide means having a felony on your record, which can affect various aspects of your life even after serving the sentence.
Financial and Employment Consequences
Stigma and Social Isolation: Individuals convicted of feticide often face significant social stigma and isolation. Being found guilty of this crime can cause community backlash, leading to damaged relationships and social status.
Employment Challenges: A felony conviction severely limits employment opportunities. Many employers conduct background checks, and a feticide conviction can disqualify individuals from numerous job positions, particularly those requiring trust and responsibility.
Loss of Income: Serving a life sentence means the individual cannot work, leading to a loss of income. This can have devastating effects on the individual’s family, who may lose their primary breadwinner.
Legal Fees: Defending against a feticide charge can be costly, involving substantial legal fees for defense attorneys and other related expenses.
Mental Health Issues: The stress of the trial, the stigma of the conviction, and the harsh conditions of imprisonment can lead to severe mental health issues, including depression, anxiety, and post-traumatic stress disorder (PTSD).
Loss of Civil Rights: Convicedt felons in Georgia lose certain civil rights, such as the right to vote, the right to serve on a jury, and the right to own firearms.
Impact on Family: The conviction can have a profound impact on the convict’s family, causing emotional distress, financial instability, and social stigma. Children of the convicted individual may face bullying.
Long-Term Legal Implications
Parole and Probation: If someone is granted parole, they will have to follow strict probation rules. This can include checking in with a parole officer, limits on where they can go, and who they can spend time with.
It is hard to remove felony convictions, such as for serious crimes like feticide, from a person’s record. This means the conviction can stay with them forever.
If you are accused of feticide, you should hire a top-rated lawyer who will help you understand your difficult situation, and also help you find ways to defend yourself in court.
In 2022, the U.S. Supreme Court overturned Roe v. Wade, which has had a big impact on feticide laws in Georgia. This decision showed that fetuses have rights. This could lead to stricter enforcement of laws protecting fetuses.
Georgia’s new abortion law, in place after the Dobbs decision, makes it harder to get a legal abortion. This could lead to more people trying unsafe methods and facing charges for harming a fetus. Changes in the law have caused confusion for people and healthcare workers in Georgia. Some are fighting against the abortion ban, saying it goes against privacy and equal rights in the state constitution.
What Is Vehicular Feticide in Georgia?
Georgia law feticide by vehicle is causing the death of an unborn child through injury to the mother resulting from a vehicle-related offense. There are two degrees of this crime:
First-degree feticide by vehicle occurs when a person causes an unborn child’s death through an injury to the mother that would constitute first-degree vehicular homicide if it resulted in the mother’s death. This offense carries a prison sentence of 3 to 15 years.
Second-degree feticide by vehicle occurs when an unborn child dies as a result of a car accident. Someone breaking traffic laws caused the mother to be injured in this accident. Reckless driving or DUI are not included in this charge.
Punishment for second-degree offenses is determined according to Georgia Code Section 17-10-3. The law says an “unborn child” is a human at any stage of development in the womb.
In Georgia, the penalties for feticide by vehicle are categorized into two degrees, each with distinct consequences:
First-Degree Feticide by Vehicle
This occurs when someone causes the death of an unborn child by harming the mother. The act would be considered first-degree vehicular homicide if the mother had died.
The penalty for first-degree feticide by vehicle is imprisonment for not less than three years and not more than 15 years.
Second-Degree Feticide by Vehicle
This occurs when someone injures a pregnant woman in a car accident, causing the death of her unborn child. If the mother dies, it would constitute second-degree vehicular homicide. However, this does not apply if reckless driving or driving under the influence caused the accident.
The penalty for second-degree feticide by vehicle is determined according to Georgia Code Section 17-10-3.
Here is the exact wording of Georgia Code § 16-5-80 to define feticide:
For the purposes of this Code section, the term “unborn child” means a member of the species homo sapiens at any stage of development who is carried in the womb.
A person commits the offense of feticide if he or she willfully and without legal justification causes the death of an unborn child by any injury to the mother of such child, which would be murder if it resulted in the death of such mother, or if he or she, when in the commission of a felony, causes the death of an unborn child.
A person convicted of the offense of feticide shall be punished by imprisonment for life.
A person commits the offense of voluntary manslaughter of an unborn child when such person causes the death of an unborn child under circumstances which would otherwise be feticide and if such person acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; provided, however, that, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as feticide.
A person convicted of the offense of voluntary manslaughter of an unborn child shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than 20 years.
Nothing in this Code section shall be construed to permit the prosecution of:
Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;
Any person for any medical treatment of the pregnant woman or her unborn child; or
Any woman with respect to her unborn child.