One of the least used Assault Crimes in PA is Murder of an Unborn Person. Under Pennsylvania law there is a specific statute dealing with the assault crime of murder of an unborn person. Under Pennsylvania law, an unborn person is a fetus or a person who is yet to be born. The reason that Pennsylvania has specific statutes dealing with topics such as Murder of an Unborn Person is that under PA law, a person is defined as a living, breathing human being. Assault Crime Lawyers Since PA law defines person as a living human being and not as a fetus, Pennsylvania has a special group of statutes dealing with the mistreatment of fetuses
The Penalties for Murder of an Unborn Person are quite severe. Upon a conviction for First Degree Murder of an unborn person a defendant can be sentenced to life in prison. A person convicted of Second degree Murder of an Unborn Person can also receive life in prison. And finally, a person convicted for third degree murder of a fetus can receive up to 40 years in state prison. If you or a loved one has been charged with murder of an unborn child, it is imperative that you seek the counsel of an experienced Homicide attorney immediately.
There are several defenses available to individuals whom are charged with this very serious crime. The most important defense is that the accused did not possess the required intent when the death of the fetus occurred. Specifically, for first degree murder cases, the defendant did not possess the intent to kill the fetus and for third degree murder charges, the defendant did not possess the requisite malice required when he committed the act which caused the death of the fetus. Assault Crimes Additionally, the government also has to prove that the fetus which was killed was in fact a viable fetus. Thus is something that can be difficult to prove and can only be proven through the use of a doctor who would testify as an expert at trial.