Defending Doctors and Patients Against Illegal Abortion Charges

Maverick Ray Law
May 15, 2023

In Texas, Performing an Abortion Is Now a Felony Punishable by up to Life in Prison

On June 24, 2022, the Supreme Court made a landmark decision in the case of Dobbs v. Jackson Women’s Health Organization in which the court held that the U.S. Constitution does not confer the right to abortion. This decision overruled Roe v. Wade, giving power back to the states to regulate abortion.

If you would like to learn more about Texas abortion laws or are currently facing illegal abortion charges, contact the Houston criminal defense lawyers at Maverick Ray & Associates. We fight for the rights of our clients and will work hard to get the best possible outcome in your case. Call (281) 346-9451 today to arrange a free, no-obligation consultation.

Texas’ Abortion Trigger Law

In preparation for the overturning of Roe v. Wade, the Texas Legislature signed the Human Life Protection Act of 2021, making it a first-degree felony to perform an abortion. This pro-life statute prohibits all abortions except those when the pregnancy places the mother at risk of death or poses a risk of the significant impairment of major bodily function.

An Overview of Texas Abortion Laws

Texas is known for having some of the strictest abortion laws in the country. Following the Dobbs v. Jackson Women’s Health Organization ruling, the state now has three significant laws in place as well as several regulations governing the abortion procedure when allowed. There are two other abortion-related statutes in addition to the Human Life Protection Act of 2021, HB 1280.

The first statute is the Texas Heartbeat Act of 2021. This law prohibits all abortions after a fetal heartbeat is detected (typically around six weeks of gestation.)

Before the 2021 legislation on abortion took effect, a third statute put in place back in 1925 banned virtually all abortions within the state.

Who Is at Risk of Prosecution?

Under the Human Life Protection Act of 2021, anyone who provides an abortion that ultimately results in the termination of a pregnancy can be prosecuted.

Those convicted under the Human Life Protection Act of 2021 face a sentence of up to 100 years in prison and fines of up to $100,000. They can also lose their medical license, forever losing the right to practice medicine.

It is important to note that HB 1280 does not allow for the prosecution of women who receive an abortion - only the individual or entity responsible for performing the procedure.

Facing Illegal Abortion Charges?

If you or a loved one is facing an illegal abortion charge in Texas, reach out to the skilled legal team at Maverick Ray & Associates. Our attorneys will thoroughly investigate the charges and develop a legal strategy to protect your rights and fight aggressively to keep you out of jail. Contact us online or call (281) 346-9451 to speak to a leading criminal defense lawyer in Houston. Our consultations are free, and there is absolutely no obligation to retain our legal services. Call now to get started.