A letter from a licensing board, a knock on the door from an investigator—this is how it begins. A charge for violating North Dakota’s law prohibiting abortion is more than just a legal problem; it is an assault on your professional identity, your personal convictions, and your future. The weight of such an accusation in Fargo can feel immense, threatening to unravel a career built on care and compassion. You may feel isolated, judged, and uncertain of who you can trust. The fear of losing your license, facing a felony conviction, and the public scrutiny that accompanies such a charge can be overwhelming, casting a dark shadow over every aspect of your life. In this profoundly unsettling time, know that your career and liberty are not indefensible.
This is the moment to draw a line in the sand. On one side stands the prosecution, armed with a new and aggressive statute, ready to make an example out of you. On the other side? You and I. From this point forward, we are a team. My role is to be your shield and your sword—to protect you from the full force of the state and to relentlessly fight back against their case. The prosecution has their narrative, but we will have ours, grounded in facts, medical judgment, and the law. I will stand beside you, shoulder to shoulder, challenging every piece of evidence and every legal argument. You are not a political statement; you are a dedicated professional, and I will fight to ensure your story is heard and your future is protected.
The Stakes Are High: Understanding North Dakota’s Prohibition on Abortion Laws & Penalties
North Dakota has enacted a near-total ban on performing abortions, making it a serious felony offense for medical professionals. This law criminalizes the act of performing an abortion unless it meets a very narrow set of exceptions. For physicians and other healthcare providers in Fargo, understanding the gravity of this statute is critical. A conviction carries severe penalties, including the potential for years of imprisonment, substantial fines, and the certain loss of your medical license. The state is taking an aggressive stance, and the urgency of building a powerful, proactive defense cannot be overstated.
What the Statute Says
The primary statute governing this offense is found in the North Dakota Century Code, Chapter 12.1-31.1. The core of the prohibition is detailed in § 12.1-31.1-02, with penalties outlined separately.
12.1-31.1-02. Prohibition on abortion. Except as provided under section 12.1-31.1-03, a person may not intentionally perform an abortion.
12.1-31.1-04. Penalty. A person who violates section 12.1-31.1-02 is guilty of a class C felony.
As a Class C Felony
A violation of North Dakota’s abortion statute is classified as a Class C felony. This is a serious charge with life-altering consequences for any healthcare professional. If convicted, you face a maximum penalty of five years in prison, a fine of up to $10,000, or both. Beyond the immediate threat of incarceration and financial penalty, a felony conviction will result in the mandatory revocation of your medical license, effectively ending the career you have dedicated your life to building. There is no lesser misdemeanor offense; any violation is treated as a serious felony from the outset.
What Does a Prohibition on Abortion Charge Look Like in Fargo?
The clinical language of the statute—”intentionally perform an abortion”—can obscure the complex and harrowing real-world medical situations that can lead to a felony charge. These are not abstract legal theories; they are dilemmas that can arise in any Fargo hospital or clinic, forcing dedicated medical professionals to make difficult judgments under immense pressure. A charge can stem from a procedure undertaken to save a pregnant patient’s life, the treatment of a miscarriage, or care provided in the wake of a horrific crime.
These charges are designed to target medical professionals, placing them in an impossible position between their ethical duties to their patients and the threat of criminal prosecution. The scenarios are often fraught with medical ambiguity and emotional distress, yet the law is unforgiving. Understanding how these charges can materialize in a real-world setting is crucial for any healthcare provider who could be forced to navigate this legal minefield. It highlights the critical importance of knowing your rights and having a defense prepared for the worst-case scenario.
The Emergency Room Dilemma
A patient arrives at a Fargo emergency room experiencing a septic uterus, a life-threatening infection during pregnancy. To save the patient’s life, the attending physician must perform an immediate procedure to remove the source of the infection, which will inevitably end the pregnancy. While the doctor’s clear intent is to save the patient’s life, a prosecutor could later argue that the physician “intentionally performed an abortion” and that the situation did not meet the statute’s narrow definition of a medical emergency necessary to preserve the patient’s life.
In this scenario, the physician’s career and freedom hinge on the subjective interpretation of their medical judgment. The prosecution might second-guess the doctor’s assessment of the risk, using hindsight to claim the patient’s life was not in immediate danger. This places the doctor in a terrible position, forced to defend a split-second, life-saving decision against a prosecutor who has weeks or months to pick it apart. The physician is then charged with a Class C felony, and their professional life is thrown into chaos.
Miscarriage Management or Criminal Act?
A patient presents with an incomplete miscarriage, where fetal demise has occurred, but the patient’s body has not naturally expelled all the tissue. To prevent hemorrhage and infection, the standard medical procedure is a dilation and curettage (D&C) to remove the remaining tissue. However, a person with a political agenda—a disgruntled colleague or someone outside the medical community—could report the physician for performing an “abortion.”
The legal battle would then focus on whether the procedure was the management of a miscarriage or an illegal abortion. The prosecution would need to prove the physician acted to terminate a pregnancy, while the defense would argue the pregnancy was already nonviable and the procedure was necessary for the patient’s health. This situation demonstrates how standard, essential healthcare can be mischaracterized and criminalized, placing a physician’s liberty at risk for providing compassionate and necessary medical care.
The Vague Definition of “Life”
The North Dakota statute allows an exception to “prevent the death of the pregnant female.” However, it explicitly excludes “a condition relating to a mental or emotional health.” A pregnant patient with a severe cardiac condition is informed by her specialists that continuing the pregnancy carries a very high risk of fatal heart failure. Her physicians agree that terminating the pregnancy is necessary to save her life. The procedure is performed based on this sound medical judgment.
Despite this, a prosecutor could challenge the decision, arguing the risk of death was not imminent or certain enough to meet the exception. The defense would be built on expert medical testimony affirming the gravity of the patient’s condition and the necessity of the procedure. This example shows the immense legal peril physicians face when a statute forces them to gamble on how a prosecutor will later interpret a medical prognosis, turning a life-saving medical decision into a potential felony.
Assisting in the Wake of Sexual Assault
The law provides an exception for pregnancies resulting from rape or incest, but only if the “probable gestational age… is not more than six weeks.” A young woman comes to a Fargo clinic after being sexually assaulted, her trauma making it difficult for her to seek help immediately. An ultrasound determines the probable gestational age to be at the edge of the six-week limit, perhaps six weeks and one day. Believing they are acting within the compassionate spirit of the exception, a physician provides care.
However, if the state’s expert later argues the gestational age was slightly different, or that the physician should have used a different dating method, the physician could be charged with a felony. The legality of their actions would come down to a technical debate over days and measurements. This scenario highlights the cruel reality of the statute: even when trying to provide care within the law’s narrow exceptions, a physician can be charged for acting in good faith to help a victim of a violent crime.
Building Your Defense: How I Fight Prohibition on Abortion Charges in Fargo
Facing a felony charge for performing an abortion is a daunting and career-threatening event. It is an accusation that strikes at the heart of your professional judgment and ethical obligations. My approach to your defense is built on a foundation of aggressive, proactive, and meticulous preparation. We will not sit back and wait for the prosecution to build its case; we will immediately go on the offensive, conducting our own in-depth investigation into the facts, the medical evidence, and the law. A defense is not merely a reaction; it is a powerful counter-narrative that exposes the flaws in the state’s case and defends the integrity of your medical decisions.
The prosecution will attempt to paint a simplistic and damning picture of your actions, ignoring medical complexity and your duty to your patient. Our mission is to dismantle that narrative piece by piece. We will challenge their interpretation of the law, the credibility of their experts, and the very premise of their case against you. Every aspect of the state’s evidence will be scrutinized, and every potential legal and factual weakness will be exploited. This is a battle over medicine, law, and your professional future, and we will employ every available resource to fight for a successful outcome.
Arguing the Statutory Exceptions
The North Dakota statute, while strict, is not absolute. It contains explicit affirmative defenses, and our first line of attack will be to demonstrate that your actions fell squarely within these legal exceptions. This requires a defense that is deeply rooted in the medical facts of your case.
- Life of the Mother Exception: The law permits an abortion performed to “prevent the death of the pregnant female.” We will gather extensive medical evidence, including patient records, diagnostic imaging, and lab results, to build an irrefutable case that your patient faced a credible threat of death. We will retain leading medical experts to review your case and provide powerful testimony confirming that your decision was based on sound and reasonable medical judgment necessary to save your patient’s life.
- Rape or Incest Exception: The statute provides an affirmative defense for cases of rape or incest within the first six weeks. We will meticulously document the circumstances supporting this defense, including any reports made to law enforcement and the medical evidence establishing the probable gestational age. We will vigorously defend your good-faith actions to provide compassionate care to a victim of sexual violence, arguing that your conduct was precisely what this exception was designed to protect.
Challenging the Definition of “Abortion”
The state must prove that you “intentionally performed an abortion.” However, many standard and essential medical procedures can be mischaracterized as such. Our defense will focus on clarifying the true medical nature of the procedure you performed, distinguishing it from the criminal act alleged by the prosecution.
- Management of Miscarriage: If you were treating a patient for an incomplete miscarriage, an ectopic pregnancy, or the demise of a fetus in utero, we will argue that your actions do not meet the legal definition of an abortion. An abortion is the termination of a living pregnancy. We will use medical records and expert testimony to prove that your intervention was to manage a nonviable pregnancy or its complications, which is the accepted standard of care and not a criminal act.
- Lack of Intent: The statute requires that you “intentionally” performed an abortion. We can challenge this element by demonstrating that your intent was not to terminate a pregnancy but to treat a different, underlying medical condition. For example, if a life-saving surgery for cancer or another disease tragically but necessarily results in the end of a pregnancy, we will argue that your intent was to save the patient from the disease, not to perform an abortion.
Scrutinizing the State’s Investigation and Evidence
A criminal case is only as strong as the evidence it is built upon. We will conduct a thorough review of every step the state took in its investigation, looking for procedural errors, violations of your rights, and weaknesses in their evidence.
- Illegal Search and Seizure: Patient medical records are protected by strict privacy laws. We will examine how the state obtained your patient’s records and other evidence. If law enforcement violated HIPAA or other privacy statutes, or conducted a search without a proper warrant, we can move to have the illegally obtained evidence suppressed, potentially crippling the prosecution’s case against you.
- Chain of Custody and Expert Testimony: We will challenge the credibility of the state’s medical experts and the evidence they present. We will investigate their qualifications, potential biases, and the methods they used to arrive at their conclusions. Any flaws in their analysis or breaks in the chain of custody for physical evidence can be used to create significant reasonable doubt about the validity of the state’s claims.
Raising Constitutional Challenges
While the U.S. Supreme Court has overturned Roe v. Wade, it does not foreclose all constitutional challenges to state-level abortion laws. We will explore every available avenue to argue that the North Dakota statute, or its application to your specific case, is unconstitutional.
- Vagueness and Due Process: We can argue that the terms in the statute, such as the definition of a life-saving procedure or the calculation of gestational age, are unconstitutionally vague. When a law does not give a person of ordinary intelligence a reasonable opportunity to know what is prohibited, it violates the due process clause. We will argue that the law fails to provide clear guidance, forcing physicians to guess at its meaning at their own peril.
- Equal Protection: If we can demonstrate that the law is being enforced in a discriminatory manner, we may be able to raise an equal protection challenge. This is a complex legal argument, but we are committed to exploring every possible angle to defend your rights, your license, and your freedom using innovative and aggressive legal strategies.
Your Questions About Prohibition on Abortion Charges Answered
Who can be charged under this new law?
The law specifically targets the person who “intentionally perform[s] an abortion.” This means it is primarily aimed at physicians and other licensed healthcare providers. The statute explicitly states that a pregnant woman upon whom an abortion is performed cannot be charged with a crime.
What are the exact exceptions to North Dakota’s abortion ban?
The law provides a few very narrow affirmative defenses. An abortion is permissible to save the life of the pregnant woman. It is also allowed if the pregnancy is the result of rape or incest, but only if the abortion is performed within the first six weeks of gestation. There is no exception for fetal abnormalities.
What does “to prevent the death of the pregnant female” actually mean?
This is one of the most contentious parts of the law. The statute does not provide a clear definition, leaving it open to interpretation by prosecutors and courts. It explicitly excludes mental or emotional health conditions. A defense would require strong medical evidence that the patient’s life was at risk due to a physical medical condition.
Can I lose my medical license if I’m charged, even if I’m not convicted?
An accusation alone can trigger an investigation by the North Dakota Board of Medicine. While a conviction results in mandatory license revocation, even a pending charge can have serious professional consequences. It is critical to have legal representation for both the criminal case and any proceedings before the licensing board.
What if I perform a procedure to treat an ectopic pregnancy?
Treating an ectopic pregnancy is not considered an abortion under North Dakota law. The statute specifically exempts “a procedure to treat a natural miscarriage or an ectopic pregnancy.” You should be able to provide this necessary, life-saving care without fear of prosecution under this statute.
How is the six-week gestational age for the rape/incest exception calculated?
The statute does not specify a method, which creates dangerous ambiguity for physicians. A prosecutor could challenge the dating method used by a physician. A strong defense would involve documenting the method used for determining the gestational age and providing a clear medical justification for it.
What kind of evidence will the prosecution use against me?
The prosecution will likely rely on patient medical records, testimony from other medical staff, and their own retained medical experts who will review your decisions. They may also use communications between you and the patient or other staff.
How can I defend my medical judgment against a prosecutor’s claims?
The key is to build a defense based on evidence and expert testimony. We would work with respected medical experts in the relevant field to review your case. These experts can testify that your actions were consistent with the accepted standard of care and that your medical judgment was sound and reasonable under the circumstances.
Is there a defense if the fetus had a fatal anomaly and could not survive?
No. Unfortunately, North Dakota’s law does not provide an exception for fatal fetal anomalies. Performing an abortion in this situation, outside of the other narrow exceptions, would be considered a Class C felony under the statute. This is one of the most difficult aspects of the current law.
What is an “affirmative defense”?
An affirmative defense is a legal argument that, if proven by the defense, can overcome a criminal charge even if the prosecution has proven all the elements of the crime. In this context, proving that the abortion was performed to save the mother’s life is an affirmative defense. The burden is on the defense to prove the exception applies.
What should I do if investigators want to question me?
You should never speak to investigators without your lawyer present. You have the right to remain silent and the right to an attorney. Politely state that you will not answer any questions and that you wish to speak with your counsel. Immediately contact a criminal defense attorney experienced in these matters.
How can I protect my practice and my license?
The best protection is to have a thorough understanding of the current law and to meticulously document all patient encounters, especially those involving complex pregnancies. In high-risk situations, obtaining a second medical opinion can also be a valuable protective step. If you ever face an investigation, hiring experienced legal counsel immediately is critical.
Will my case go to trial?
Many criminal cases are resolved through negotiations, but given the political nature of this law, the prosecution may be unwilling to offer a reasonable plea agreement. We will prepare your case for trial from day one. A willingness to fight and win in court is often the best way to achieve a favorable outcome, whether through a dismissal, a not-guilty verdict, or a negotiated resolution.
Can this law be challenged on constitutional grounds?
Yes, legal challenges based on the vagueness of the statute and other constitutional principles are possible, though they are complex and face an uphill battle in the current legal climate. An aggressive defense will explore every possible avenue, including constitutional arguments, to protect your rights.
Why do I need a Fargo-based attorney for this?
You need an attorney who not only understands this complex area of law but also knows the local legal landscape in Fargo. I understand how the Cass County State’s Attorney’s office operates and have experience before the local judges. This local knowledge can be invaluable in navigating your case and crafting a defense strategy tailored to the specific environment you are facing.
Your Future Is Worth Fighting For
A charge under North Dakota’s abortion statute is a direct threat to your identity as a healer. The future you envisioned—one of practicing medicine, caring for patients, and contributing to the health of your community—is now at risk. The consequences of a conviction are not just legal; they are deeply personal and professional, creating a cascade of challenges that can last a lifetime. This is the fight for your future, and it is a fight we must win.
The End of Your Medical Career
For a physician, a Class C felony conviction for violating the abortion statute is a professional death sentence. The North Dakota Board of Medicine will be mandated to revoke your license to practice medicine in the state. This means the end of your career, the loss of your livelihood, and the silencing of your professional calling. Furthermore, a felony conviction and a revoked license will make it virtually impossible to become licensed in any other state. The years of education, training, and sacrifice you have made to become a physician will be erased by a single criminal conviction.
This is not just about a job; it is about your identity. You are a doctor, a caregiver, a trusted member of the Fargo community. A conviction strips that away, replacing it with the stigma of a felony record. We are not just fighting to keep you out of prison; we are fighting to save the very career that defines who you are and the invaluable service you provide.
The Weight of a Felony Conviction
Beyond the devastating professional consequences, a felony conviction carries a heavy burden that will impact every area of your life. You will lose fundamental civil rights, including the right to own or possess a firearm under federal law. Finding housing can become more difficult, as many landlords conduct background checks. The social stigma of being a convicted felon can strain personal relationships and lead to isolation from the community you once served.
Every job application, every housing application, every interaction that requires a background check will become a moment of anxiety. This is a permanent mark on your record, a shadow that follows you long after any sentence is served. My goal is to prevent this from ever happening, to fight for a complete acquittal so that you can move forward with your life, free from the crushing weight of a felony record.
I Understand the Fargo Medical and Legal Community
Successfully defending a physician in a case like this requires a unique combination of legal skill and medical understanding. It also requires a deep familiarity with the local legal environment. I have experience representing professionals in Fargo, and I understand the intersection of law and medicine. I know how to speak to prosecutors, judges, and juries about complex medical issues in a way that is clear, compelling, and persuasive. I am connected with a network of respected medical experts who can help us build a formidable defense.
This local knowledge is a critical advantage. I understand the priorities of the Cass County State’s Attorney’s office and the temperament of the local judiciary. This insight allows me to tailor our strategy for the best possible outcome in this specific venue. You need an advocate who is not just learning this landscape but who is already an established and respected presence within it.
Your Commitment to Care Should Not Be Criminalized
You became a physician to help people, to heal the sick, and to save lives. You make difficult decisions every day based on your training, your experience, and your commitment to your patients’ well-being. A law that criminalizes your sound medical judgment is an injustice not only to you but to the entire community that relies on dedicated professionals like you. A single, difficult medical decision, made in good faith and under pressure, should not define your life or destroy your career.
My commitment is to ensure your story is told—the story of a compassionate and competent physician caught in an impossible legal bind. We will fight to show the court and the community the truth of your actions. You deserve a defense that is as dedicated, skilled, and passionate as the care you provide to your patients. Your future is on the line, and I will do everything in my power to protect it.