For many women, becoming a mother is something they look forward to. However, if you made mistakes prior to your pregnancy, the last thing you expect is to end up in handcuffs, facing allegations of felony child abuse. Legislative changes over the past few years have increased the number of pregnancy-related prosecutions in the United States, with Oklahoma making up a considerable portion of these prosecutions. If you are an expecting mother or you just gave birth to a child and you find yourself facing charges, it’s imperative to understand why this might have happened, the charges you can face, and why connecting with an Oklahoma City felony defense lawyer is imperative during these complicated matters.
Why Is There an Increase in Pregnancy-Related Prosections?
It’s important to understand that the drastic increase in pregnancy-related prosecutions follows two substantial court rulings. The first dates back to 2020 when it was decided that in Oklahoma, women who use drugs while pregnant can face child abuse charges. The next major change came when the Supreme Court overturned the 1973 Roe v. Wade decision that made it a constitutional right for women to have abortions in the United States. As a result of these two landmark changes, Oklahoma represents one-third of all prosecutions against pregnant women in the United States between June 2022 and June 2023.
In many instances, the women charged are facing child abuse or neglect offenses, many of which stem from drug use before or during pregnancy. Women who have used controlled and legal drugs or even medically obtained marijuana while pregnant can face the same penalties as someone who used methamphetamines while pregnant. The law is virtually indistinguishable between these substances, as law enforcement does not utilize substance laws, but rather abuse and neglect.
As mentioned, in some instances, women report getting clean as soon as they discover they are pregnant, only for traces of substances to be discovered in their newborn’s meconium (the earliest stool). As such, they can still face charges of abuse and neglect despite otherwise delivering a healthy baby.
What Should Expecting Mothers Know if They Are Charged With a Crime?
Women charged with felony child abuse while pregnant can face incredibly intense penalties. This includes anywhere between one year in prison and life behind bars, as well as $5,000 in fines. In addition, the child will be taken by state services.
If you are pregnant and facing charges of felony child abuse or neglect, understanding your rights is critical. At the Jones Firm, PLLC, we know that everyone makes mistakes. Regardless of your circumstances, our team believes you have the right to a strong defense if facing felony charges. When you need help, our firm is here. Contact us today to learn how we can represent you during these complicated times.