Moms whose babies are born stillborn may face criminal charges.
One of the most challenging things that an expectant mother may face is the loss of her baby. Stillbirth occurs when an infant dies in the womb after 28 weeks of pregnancy. This can be incredibly difficult for any parent — and may become even more traumatic if prosecutors decide to file murder charges against the mother.
According to a criminal lawyer Santa Ana, CA, California amended its criminal code in 1970 to define murder as the unlawful killing or a human being or a fetus. This change was made after the California Supreme Court overturned a murder conviction of a man who beat his pregnant wife, causing her to lose the baby.
The intent of the Legislature was clear: to enable prosecutors to charge individuals who cause the death of a fetus through violence. In recent years, however, police and prosecutors have chosen to interpret the statute to allow them to charge mothers with murder when their babies are stillborn. In particular, if a stillborn baby is found to have been exposed to drugs or alcohol, the mother may face a murder charge.
In November 2019, Chelsea Becker was charged with murder after her son was stillborn. Prosecutors allege that his death was due to the toxic levels of methamphetamine found in his system. Ms. Becker acknowledged that she struggles with addiction — and is devastated that her drug use may have harmed her son. She is currently incarcerated, awaiting trial.
In the early 1990s, prosecutors filed murder charges against two separate California women for stillbirths that were allegedly caused by drug use. Both cases were dismissed after attorneys argued that the law was only intended to apply to people who attack pregnant women with the goal of killing their unborn baby. More than 25 years later, prosecutors are using the same law to prosecute women whose babies are stillborn.
In 2018, a woman was charged with murder after giving birth to a stillborn baby at the same hospital as Ms. Becker. She accepted a plea for voluntary manslaughter and was sentenced to 11 years in prison.
According to a criminal lawyer Santa Ana, CA, the criminal justice has evolved in its understanding of addiction. For example, individuals who are charged with simple drug possession may be offered an opportunity to enroll in a rehabilitation program rather than face incarceration. If they successfully complete the program, their criminal case will be dismissed.
Yet despite this progress, prosecutors in California have demonstrated that they do not extend this type of understanding to pregnant women who struggle with addition.
If you have been charged with murder due to a stillbirth, you will need an aggressive lawyer who will fight for your rights. A skilled criminal lawyer Santa Ana, CA may be able to have the charge dismissed — or put up a strong defense to the charge.
The Chambers Law Firm represents clients throughout California who have been charged with criminal offenses, including murder. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
