Fighting an Assault of Unborn Child in the Second Degree Accusation in St. Louis County with a Dedicated Defense Attorney
Your world has been abruptly and cruelly shattered. You are now facing an accusation of Assault of an Unborn Child in the Second Degree, a charge that plunges you into a profound personal and legal crisis. In a community like Duluth, or perhaps a smaller, interconnected town such as Proctor or Two Harbors, such an accusation carries a heavy weight, threatening not just your freedom but your very identity. The immediate terror of potential imprisonment is overwhelming, compounded by the devastating blow to your reputation, the threat to your livelihood, and the agonizing impact on your family.
This is not a moment to feel paralyzed by fear or to passively accept the state’s allegations. This is the beginning of a fierce and critical battle for your future. The state, with its vast resources, is moving aggressively against you, and the path forward can seem obscured by doubt and despair. But an accusation is not a conviction. It is the genesis of a fight, a relentless pursuit of justice. What you desperately need right now is a powerful, unwavering advocate to stand by your side, to meticulously challenge every facet of the prosecution’s case, and to forge a clear, strategic path through this unimaginable crisis, ensuring your rights are fiercely protected.
The Stakes: What a Conviction Truly Costs
A conviction for Assault of an Unborn Child in the Second Degree is not a minor legal penalty; it is a life-altering event that will impose severe and lasting consequences, fundamentally reshaping your future. The fight against this charge is an essential battle for your freedom, your rights, and your ability to rebuild your life.
Your Permanent Criminal Record
A conviction for Assault of an Unborn Child in the Second Degree will irrevocably brand you with a permanent felony criminal record. This is not a temporary mark that fades over time; it is an enduring stain that will be readily apparent on any background check, impacting nearly every aspect of your life. From potential employers to landlords and even educational institutions in Duluth, Cloquet, or any community in Northern Minnesota, this record will severely limit your opportunities. The stigma associated with such a serious violent crime can overshadow all your past achievements and perpetually affect how you are perceived by society, making it incredibly challenging to move forward or secure a stable future.
Loss of Second Amendment Rights
Among the many grave consequences of a felony conviction in Minnesota, including Assault of an Unborn Child in the Second Degree, is the permanent and irreversible forfeiture of your Second Amendment rights. This means you will be legally prohibited from owning, possessing, or transporting firearms for the rest of your life. For many individuals across Northern Minnesota, where hunting, sport shooting, and the right to self-defense are deeply ingrained aspects of their culture and personal freedom, this represents a profound and significant personal deprivation. It is a fundamental right stripped away, further isolating you and limiting your ability to participate in activities that are integral to life in this region.
Barriers to Employment and Housing
Beyond the immediate legal penalties, a conviction for Assault of an Unborn Child in the Second Degree will erect formidable barriers to securing stable employment and suitable housing. Many employers are either hesitant or legally restricted from hiring individuals with felony convictions, especially for violent offenses. This can drastically limit your career prospects, forcing you into lower-paying jobs or prolonged periods of unemployment, leading to significant financial hardship for you and your family. Similarly, finding adequate housing in any community, including St. Louis County, Bemidji, or Two Harbors, becomes an arduous task, as landlords commonly conduct background checks and are often unwilling to rent to individuals with such serious criminal histories.
Impact on Professional Licenses and Reputation
For individuals who hold professional licenses or certifications, a conviction for Assault of an Unborn Child in the Second Degree can be catastrophic, leading to the immediate suspension or permanent revocation of those licenses. This could mean the abrupt end of your career in many regulated professions, from healthcare to education. Beyond these official sanctions, your personal and professional reputation will suffer irreparable damage within your community and among your peers. In the tight-knit towns of Northern Minnesota, where information travels quickly, the public perception of such a conviction can lead to profound social ostracization, impacting not only your career but also your personal relationships and standing within society for the rest of your life.
The Accusation: Understanding the State’s Case
When confronting a charge as profound as Assault of an Unborn Child in the Second Degree, it is absolutely crucial to grasp precisely what the state alleges and the specific legal framework they are operating within. This precise understanding is the foundational step in constructing a formidable and effective defense.
What Does the State Allege? Assault of Unborn Child in the Second Degree Explained in Plain English
Assault of an Unborn Child in the Second Degree in Minnesota concerns a specific and grievous act: assaulting a pregnant woman and, as a direct result, inflicting “substantial bodily harm” on the unborn child, who is then subsequently born alive. The state’s allegation is not merely that an assault occurred, but that your actions against the pregnant woman directly resulted in significant injury to the fetus, and that this child survived the birth despite those injuries. The definition of “substantial bodily harm” under this statute is precise and includes the premature birth of the unborn child before 37 weeks gestation if the child weighs 2,500 grams (approximately 5.5 pounds) or less at birth, excluding premature births for bona fide medical reasons.
The prosecution will meticulously gather evidence to establish each component of this charge: that you committed an assault on a pregnant woman, that this assault directly caused substantial bodily harm to the unborn child, and that the child was subsequently born alive. This could involve medical records, witness testimony, and forensic evidence to establish the link between your alleged actions and the specific harm defined by the statute. Understanding these precise allegations is paramount, as your entire defense strategy will be built upon challenging the state’s ability to prove each and every one of these elements beyond a reasonable doubt in a St. Louis County courtroom.
The Law on the Books: Minnesota Statute 609.2671
Minnesota Statute 609.2671 defines the crime of Assault of an Unborn Child in the Second Degree, outlining the specific actions and outcomes that constitute this serious offense. Its purpose is to establish criminal liability for inflicting substantial harm upon an unborn child through an assault on a pregnant woman, where the child is subsequently born alive.
609.2671 ASSAULT OF UNBORN CHILD IN THE SECOND DEGREE.
Whoever assaults a pregnant woman and inflicts substantial bodily harm on an unborn child who is subsequently born alive may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
As used in this section, “substantial bodily harm” includes the birth of the unborn child prior to 37 weeks gestation if the child weighs 2,500 grams or less at the time of birth. “Substantial bodily harm” does not include the inducement of the unborn child’s birth when done for bona fide medical purposes.
History: 1986 c 388 s 12; 1989 c 20 s 1
The Prosecution’s Burden: Elements of Assault of Unborn Child in the Second Degree
The state carries the formidable burden of proving every single element of Assault of an Unborn Child in the Second Degree beyond a reasonable doubt. If the prosecution fails to establish even one of these critical elements, their entire case against you must fail. This fundamental principle of justice is the very bedrock upon which your defense will be constructed. Your attorney’s relentless focus will be to scrutinize every piece of evidence, challenge every witness, and exploit every procedural misstep, ensuring the state cannot meet this incredibly high standard of proof. The fight begins by understanding precisely what they must demonstrate.
- Assaulted a Pregnant Woman: The prosecution must prove that you committed an assault against a woman, and that this woman was pregnant at the time of the assault. The specific nature of the assault (e.g., intentional infliction of bodily harm, or an act intended to cause fear of immediate bodily harm) must be proven, along with the knowledge or reasonable belief of the woman’s pregnancy, though the statute itself focuses on the factual state of pregnancy.
- Inflicted Substantial Bodily Harm on an Unborn Child: The state must establish that the assault you allegedly committed directly caused substantial bodily harm to the unborn child. This requires detailed medical evidence to link the assault to the specific harm suffered by the fetus. “Substantial bodily harm” is specifically defined in the statute to include premature birth (before 37 weeks gestation) with a birth weight of 2,500 grams or less, when not for bona fide medical reasons.
- Unborn Child Subsequently Born Alive: A crucial element is that the unborn child, after suffering the substantial bodily harm, must have been subsequently born alive. This means the child must have shown signs of life after birth. Medical records and testimony from attending physicians or medical personnel will be central to proving this element.
- Identity of the Assailant: The prosecution must unequivocally prove that you are the person who committed the assault on the pregnant woman that led to the substantial bodily harm to the unborn child. This may involve eyewitness identification, forensic evidence, or circumstantial evidence placing you at the scene and demonstrating your culpability. Any reasonable doubt regarding your identity as the assailant can undermine the state’s entire case.
The Potential Outcome: Penalties for an Assault of Unborn Child in the Second Degree Conviction
Facing a charge of Assault of an Unborn Child in the Second Degree means confronting the very real possibility of significant criminal penalties. The state of Minnesota takes offenses involving harm to unborn children with extreme seriousness, and the consequences of a conviction are designed to be substantial, reflecting the gravity of such an act. The following outlines the statutory penalties, setting a serious but determined tone to highlight what is truly at stake.
A conviction for Assault of an Unborn Child in the Second Degree carries a maximum potential sentence of five years in prison. In addition to incarceration, you could face a fine of up to $10,000, or both imprisonment and a fine. It is crucial to understand that while this is the maximum, the specific sentence you receive will be determined by various factors, including your criminal history, the precise circumstances of the assault, the nature of the harm inflicted, and any aggravating or mitigating factors presented during sentencing. Even though it is a lower-level felony compared to murder or manslaughter, the potential for significant prison time and a substantial fine underscore the serious nature of this charge and the absolute necessity of a vigorous and relentless defense.
The Battle Plan: Building Your Strategic Defense
An accusation of Assault of an Unborn Child in the Second Degree is not a pronouncement of guilt; it is the opening salvo in the most critical fight you will ever undertake. The state has launched a direct assault on your freedom and your future, and your response must be an immediate, aggressive, and meticulously crafted counter-offensive. This is not the moment for despair or passive resignation. This is the time to transform fear into unyielding resolve.
Your defense is not merely about reacting to the prosecution’s claims; it is about taking assertive control of the narrative from the outset. It means systematically dissecting every piece of evidence they present, challenging the credibility of every witness, and exposing every procedural flaw in their investigation. A dedicated defense attorney views every accusation as an opportunity to fight, every piece of evidence as a target for challenge, and every legal principle as a weapon to be wielded in your favor. This is about ensuring that the full force of the law is brought to bear, not against you, but in your unyielding defense, forging a clear and powerful path through this profound crisis.
How an Assault of Unborn Child Charge Can Be Challenged in Court
A charge of Assault of an Unborn Child in the Second Degree is a serious accusation, but it is not an automatic conviction. A skilled defense attorney can employ various strategies to challenge the prosecution’s case, aiming to introduce reasonable doubt and protect your freedom.
Disproving the Assault Element
A fundamental defense is to challenge whether an assault, as defined by law, actually occurred against the pregnant woman.
- Lack of Intent for Assault: The prosecution must prove you intended to cause fear of immediate bodily harm or intended to inflict bodily harm. If your actions, while perhaps regrettable, lacked this specific intent, the assault element fails. For example, if contact was purely accidental.
- Self-Defense/Defense of Others: If you acted to defend yourself or another person from imminent harm, and the force used was reasonable under the circumstances, your actions may be legally justified, negating the assault element.
- Lack of Physical Contact/Threat: If the prosecution cannot prove that you made physical contact with the pregnant woman or that your actions caused a reasonable fear of immediate bodily harm, then the assault element is not met.
Challenging Causation of Substantial Bodily Harm
Even if an assault occurred, the state must prove that your actions directly caused the substantial bodily harm to the unborn child.
- Pre-existing Medical Conditions: The unborn child may have had pre-existing medical conditions or vulnerabilities that, rather than the alleged assault, were the primary cause of the substantial bodily harm. Medical records and expert testimony can introduce reasonable doubt on causation.
- Intervening Factors: An event or action unrelated to the alleged assault could have been the actual cause of the substantial bodily harm to the unborn child. This could include subsequent accidents, medical complications, or actions by a third party that broke the chain of causation.
- Harm Not “Substantial Bodily Harm” as Defined: The defense can argue that while some harm may have occurred, it does not meet the specific legal definition of “substantial bodily harm” as outlined in the statute, particularly regarding the premature birth criteria or the specific nature of the injury.
Disputing the “Born Alive” Element
A critical element of this charge is that the unborn child must be “subsequently born alive.”
- Stillbirth or Death Before Birth: If the child was not born alive, or died before showing any signs of life after birth, this element of the statute cannot be met. Medical records and testimony from medical personnel will be crucial in establishing this.
- Bona Fide Medical Purpose for Premature Birth: If the premature birth was induced for bona fide medical purposes to save the life of the mother or child, then it cannot be used as evidence of “substantial bodily harm” under the statute. This requires careful review of medical necessity.
Alleging Constitutional Violations or Police Misconduct
Any failure by law enforcement to adhere to proper procedures or respect your constitutional rights can lead to the exclusion of evidence.
- Illegal Search and Seizure: If evidence against you was obtained through an unlawful search of your person, property, or vehicle without a warrant or probable cause, that evidence can be suppressed, severely hindering the prosecution’s case.
- Coerced Statements/Miranda Violations: If you were interrogated without being properly informed of your Miranda rights, or if your statements were obtained through coercion or duress, those statements can be excluded from evidence, which can be a devastating blow to the prosecution.
- Improper Witness Identification Procedures: If eyewitness identification procedures were suggestive or flawed, leading to an unreliable identification, a defense attorney can challenge the admissibility of that identification.
Defense in Action: Scenarios in Northern Minnesota
The theoretical aspects of defense gain practical meaning when applied to localized, real-world situations. These scenarios illustrate how a determined defense attorney can strategically fight a charge of Assault of an Unborn Child in the Second Degree within the unique landscape of Northern Minnesota.
Scenario in Bemidji: The Accidental Contact
In Bemidji, during a crowded community event, an individual inadvertently bumps into a pregnant woman, causing her to fall. Tragically, the fall results in substantial bodily harm to her unborn child, who is subsequently born alive with complications. The state charges Assault of Unborn Child in the Second Degree.
A dedicated defense attorney would focus on disproving the “assault” element. The defense would gather witness statements confirming the accidental nature of the contact, the crowded conditions, and the lack of any intent to cause fear or harm. The attorney would argue that while a tragic incident occurred, it did not constitute an “assault” as defined by law because there was no criminal intent behind the physical contact. This aims to show that the incident was a devastating accident, not a criminal act.
Scenario in Cloquet: The Medical Complication
In Cloquet, a pregnant woman is involved in a minor physical altercation, receiving a minor injury. Days later, she experiences premature labor, and her child is born before 37 weeks gestation, weighing under 2,500 grams. The state alleges the altercation caused the premature birth and charges Assault of Unborn Child in the Second Degree.
The defense attorney’s strategy would center on challenging the causation of “substantial bodily harm.” The attorney would meticulously review the pregnant woman’s complete medical history, seeking evidence of pre-existing conditions, other contributing factors, or medical vulnerabilities that could have led to the premature birth independently of the altercation. The defense would argue that the minor physical contact was not the direct and sole cause of the premature birth, and that the harm was due to unrelated medical complications, thereby severing the causal link required for conviction.
Scenario in Two Harbors: Misidentification by Distraught Witness
In Two Harbors, an incident occurs where a pregnant woman is assaulted, leading to substantial harm to her unborn child. A distraught witness, in the chaos of the moment, mistakenly identifies an innocent bystander as the perpetrator. The state relies heavily on this eyewitness identification.
The defense attorney’s primary focus would be to challenge the reliability of the eyewitness identification. This would involve scrutinizing the conditions under which the identification was made (e.g., poor lighting, distance, stress of the situation), investigating potential biases, and presenting alibi evidence for the accused. The attorney would also seek out other witnesses who may have seen the true perpetrator or who can corroborate the accused’s whereabouts, aiming to demonstrate that the state has identified the wrong person.
Scenario in Proctor: The Necessary Medical Intervention
In Proctor, a pregnant woman experiences a medical crisis following an altercation, and doctors induce labor prematurely to save her life or the life of the unborn child. The child is born prematurely and under 2,500 grams. The state alleges Assault of Unborn Child in the Second Degree, citing the premature birth as “substantial bodily harm.”
A dedicated defense attorney would invoke the statutory exception for “bona fide medical purposes.” The defense would secure all medical records, physician statements, and hospital reports detailing the medical necessity of the induced labor. The argument would be that the premature birth, while fitting the physical description of “substantial bodily harm,” was a medically necessary intervention, not a criminal infliction of harm, and therefore falls outside the scope of the statute’s punitive intent, leading to dismissal of that specific element.
The Advocate: Why a Dedicated Duluth Defense Attorney is Essential
When you find yourself accused of Assault of an Unborn Child in the Second Degree, your entire future hangs in jeopardy. This is not merely a legal battle; it is an intensely personal fight for your freedom, your reputation, and your ability to live a life free from the profound burdens of a felony conviction. You cannot, and should not, face the immense power of the state alone. What you need is a relentless, unwavering advocate by your side, ready to fight for you.
Countering the Resources of the State
The State of Minnesota, particularly in cases involving harm to a vulnerable unborn child, will commit significant resources to secure a conviction against you. This includes a dedicated team of prosecutors, seasoned investigators, and a network of medical and forensic professionals, all singularly focused on building a case against you. Facing this overwhelming force without proper representation is akin to fighting an uphill battle unarmed. A dedicated defense attorney serves as your indispensable counterweight, possessing the legal knowledge, investigative prowess, and strategic insight to meticulously scrutinize every piece of evidence, challenge every assertion, and exploit every procedural misstep made by the prosecution. They ensure that you are not simply overwhelmed but are instead met with an equally determined and highly capable defense, leveling the playing field against the state’s formidable power.
Strategic Command of the St. Louis County Courts
Navigating the intricate landscape of the St. Louis County court system demands more than just a general understanding of criminal law; it requires an intimate familiarity with its unique local nuances. Every judge, every prosecutor, and every courthouse within Duluth and the surrounding communities operates with its own set of tendencies, unwritten rules, and strategic approaches. A dedicated defense attorney who consistently practices in St. Louis County possesses this invaluable, firsthand knowledge. They are acutely aware of the local prosecutors’ preferred strategies, the specific expectations of the judges presiding over your case, and the subtle dynamics that can critically influence outcomes. This strategic command allows them to anticipate challenges, negotiate with authority, and present your defense in a manner that maximizes its impact within the specific context of the local justice system.
Fighting for Your Story, Not Just the Police Report
When an accusation as severe as Assault of an Unborn Child in the Second Degree is made, the initial police report typically presents a one-sided narrative, often built on initial assumptions and limited information, designed to bolster the state’s case. It rarely encompasses the full, complex truth of the situation, frequently omitting crucial details, mitigating circumstances, or alternative explanations. Your dedicated defense attorney profoundly understands that your story is multi-faceted and extends far beyond the confines of a police report. They will launch an exhaustive investigation, uncovering overlooked evidence, interviewing witnesses the police may have disregarded, and, when necessary, consulting independent medical or forensic professionals to construct a comprehensive and accurate account of what truly transpired. This relentless pursuit ensures that your perspective is powerfully articulated, your context is understood, and the complete, nuanced reality of events is presented to counter the state’s simplified and often damning narrative.
An Unwavering Commitment to a Winning Result
From the initial consultation, a dedicated defense attorney approaches your case with a singular, unwavering commitment: to secure the absolute best possible outcome for you. This is not merely a professional obligation; it is a profound personal dedication to your freedom, your future, and your ability to reclaim your life. They are not daunted by the severity of the charges, the complexity of the evidence, or the immense resources of the state. Instead, they embrace the challenge, viewing every obstacle as an opportunity for more strategic thinking, more aggressive advocacy, and more relentless effort. This unwavering commitment means leaving no stone unturned in their investigation, pursuing every available legal avenue, tirelessly negotiating on your behalf, and, if necessary, fearlessly taking your case to trial. Their resolve ensures that an accusation of this magnitude does not define your life, but rather serves as a testament to a battle fought and won with an uncompromising advocate by your side.
Your Questions Answered
What is Assault of Unborn Child in the Second Degree in Minnesota?
This charge involves assaulting a pregnant woman and, as a direct result, inflicting “substantial bodily harm” on the unborn child, who must then be born alive.
How serious are these charges?
This is a felony offense in Minnesota, carrying a maximum sentence of five years in prison and/or a $10,000 fine, along with the lifelong consequences of a felony record.
What does “substantial bodily harm” specifically mean?
“Substantial bodily harm” includes injuries involving temporary but significant disfigurement, temporary but substantial loss of bodily function, a fracture, or the birth of the unborn child before 37 weeks gestation if the child weighs 2,500 grams or less at birth, excluding medically induced births.
What if the child was not born alive?
If the child was not subsequently born alive, the specific elements of Assault of Unborn Child in the Second Degree would not be met, and the state would need to pursue different charges if applicable.
Is intent to harm the unborn child required?
The statute primarily focuses on the act of assaulting the pregnant woman and the resulting substantial bodily harm to the unborn child, rather than a specific intent to harm the unborn child directly. However, the initial assault must be intentional.
Can self-defense be used as a defense?
Yes, if you can prove you acted in self-defense against the pregnant woman and the force used was reasonable and necessary to protect yourself from imminent harm, it could negate the assault element.
What kind of medical evidence is important in these cases?
Medical records of both the pregnant woman and the child, including birth records, prenatal care, and any postnatal care related to the injuries, are crucial. Expert medical testimony is also vital.
Will a conviction affect my parental rights?
A felony conviction, especially for a crime involving harm to a child, can significantly impact child custody and parental rights in family court proceedings.
What are the long-term consequences of a felony record?
A felony record can restrict your ability to vote, own firearms, obtain certain licenses, secure employment, and find housing, deeply impacting your social and economic life.
How is “assault” defined in this context?
Assault can be defined as an act done with intent to cause fear in another of immediate bodily harm or death, or the intentional infliction of or attempt to inflict bodily harm upon another.
What if the harm to the unborn child was due to a pre-existing condition?
If the substantial bodily harm to the unborn child was primarily due to a pre-existing medical condition of the mother or child, rather than solely caused by your alleged assault, this could be a strong defense to the causation element.
How long does a case like this typically last?
Cases involving Assault of Unborn Child in the Second Degree can be complex due to the medical and forensic evidence involved, often taking many months to over a year to resolve, especially if it proceeds to trial.
Should I talk to the police without an attorney?
Absolutely not. You have the right to remain silent. Any statements you make can be used against you. Always demand to speak with a defense attorney before answering any questions from law enforcement.
What if I didn’t know the woman was pregnant?
While knowledge of pregnancy isn’t always explicitly an element in every assault crime against a pregnant woman, it can impact the prosecutor’s decision-making and how the case is perceived, though the statute focuses on the fact of pregnancy.
Can a plea bargain be an option?
Plea bargains are a possibility, but they will depend on the strength of the evidence against you, the specific circumstances of the case, and the prosecutor’s discretion. A dedicated attorney will explore all options.