While abortion is generally legal in New York, under certain circumstances it is a crime. An “abortional act” is defined as an action that is intended to cause a miscarriage. The abortion can be a physical illegal operation that is performed upon a pregnant woman, or it can be carried out by the taking of medication to induce a miscarriage. Four different abortion-related offenses are laid out in the New York criminal code. Two of them are related to performing an abortion on another person. The other two are related to self-abortion. In order to be charged with a crime for performing an unlawful abortion, it is not necessary that you have carried out the abortion on another person. You can also be charged with a self-abortion offense if you unlawfully perform the abortion on yourself. Under New York Penal Law § 125.50 you could be prosecuted for the crime of self-abortion in the second degree if you carry out an abortion on yourself that is not justifiable. A self-abortion is only justifiable under the following circumstances:
Offenses that are Related
Self-abortion in the first degree: New York Penal Law § 125.55
Abortion in the second degree: New York Penal Law § 125.40
Abortion in the first degree: New York Penal Law § 125.45
In order for you to be convicted of the crime of self-abortion in the second degree, you ned to have intended to bring about a miscarriage. If you did not realize the actions you took would cause you to miscarry your baby, then you might be able to successfully defend against a charge of self-abortion in the second degree.
Since self-abortion in the second degree is categorized as a class B misdemeanor, if you are convicted, the judge could be sentenced to up to 90 days in jail. The judge also has the option of sentencing you to a 1 year probation term, as well as requiring you to pay a fine.
Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.
Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.
Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.
We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.
555 W 5th St 35th floor, Los Angeles, CA 90013
35-37 36th St, 2nd Floor Astoria, NY 11106
85 Broad St 30th Floor, New York, NY 10004
195 Montague St., 14th Floor, Brooklyn, NY 11201