Understanding Abortion Laws in Alabama
Abortion law in Alabama has changed significantly in recent years. What was once a matter of medical regulation has now become a possible criminal issue that can carry severe penalties. Since the state’s Human Life Protection Act took effect in 2022, three years after the Supreme Court overturned Roe v. Wade, almost all abortions are illegal in Alabama, with very few exceptions.
If you’re accused of violating Alabama’s abortion laws as a defendant, the consequences can be serious. Learning about what the law prohibits and what rights you still have is critical when facing criminal charges like these.
Alabama’s Abortion Ban
The Human Life Protection Act makes it a felony to perform (or attempt to perform) an abortion in Alabama. The law defines abortion as any intentional act to end a pregnancy, except when necessary to prevent a serious health risk.
Under the statute:
- Performing an abortion is a Class A felony, punishable by 10 years to life in prison.
- Attempting to perform an abortion is a Class C felony, carrying up to 10 years in prison.
The law does not impose criminal penalties on pregnant women who seek an abortion. However, medical professionals can face prosecution if they are found to have facilitated the procedure.
Limited Exceptions to the Ban
There are only two narrow exceptions under Alabama law:
- When an abortion is necessary to prevent a serious health risk to the mother
- When the fetus has a lethal anomaly that makes survival outside the womb impossible
Except in cases of an emergency, the doctor must receive confirmation from a second licensed physician as well to justify their decision. Performing an abortion for reasons outside these exceptions, such as rape, remains prohibited under state law.
Considering the severity of the law, physicians may err on the side of caution and decline to perform any procedure that might later be interpreted as an abortion. This has created significant uncertainty within the medical community. It has also led to complex legal questions about what qualifies as life-saving treatment.
Federal Law and Interstate Issues
While Alabama’s ban applies within state borders, questions often arise about traveling to another state for an abortion. Currently, there is no state law explicitly criminalizing travel for the purpose of obtaining an abortion elsewhere. A federal court also ruled that Alabama cannot prosecute people and organizations who help individuals travel elsewhere to receive an abortion.
However, this area of the law is still evolving and could result in future litigation and legislative changes. Anyone facing an investigation connected to such conduct should speak with an experienced criminal defense lawyer as soon as possible.
How a Criminal Defense Lawyer Can Help if You’re Facing Abortion-Related Charges
Facing accusations under Alabama’s abortion laws can leave you with extreme stress and uncertainty. A qualified criminal defense attorney can protect your rights and ensure that your case is handled with the sensitivity it deserves.
Your lawyer can:
- Review the facts and medical records to determine whether an exception applies
- Challenge the sufficiency of the evidence supporting the charge
- Represent you in all court appearances, including at trial if necessary
- Negotiate with prosecutors to seek a dismissal if possible under the law
Having a knowledgeable legal advocate on your side who understands both the legal and social dynamics at play in these cases could make the difference in how your case ultimately concludes.
Contact Jaffe, Hanle, Whisonant & Knight, P.C. for a Free Consultation With an Alabama Criminal Defense Attorney
Abortion law in Alabama is among the most restrictive in the nation, and violations can carry life-altering penalties. If you are a medical professional or anyone accused of violating the state’s abortion ban, you should act quickly to protect your rights.
Contact a trusted Alabama criminal defense attorney at Jaffe, Hanle, Whisonant & Knight, P.C., today to schedule a free consultation and learn more about your best course of action.
For more information, contact an experienced Birmingham criminal defense attorney at Jaffe, Hanle, Whisonant & Knight, P.C. for a free consultation.
We proudly serve clients in Birmingham and all throughout Alabama.
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S, Suite 100, Birmingham, AL 35205
(205) 930-9800