A charge of assault of an unborn child in Fargo is not merely a legal hurdle; it’s a terrifying accusation that can upend your entire existence. The immediate fear and uncertainty are immense, knowing that your freedom, your reputation, and your future are suddenly on the line. This charge carries a profound social stigma, instantly painting you in a negative light and threatening to unravel the life you’ve built. The weight of such an allegation in our community can feel suffocating, making it imperative to face it with strength and a clear strategy.
In this harrowing battle, you are not alone. When the state, with its vast resources, moves to prosecute you for assault of an unborn child, it quickly becomes a scenario of you and your legal team against the formidable power of the prosecution. My role is clear: to stand as your unyielding protector and relentless fighter. I will be by your side at every step, dissecting every piece of evidence, challenging every claim, and ensuring that your defense is as aggressive and thorough as possible. Together, we will confront these accusations head-on, fighting to safeguard your rights and your future.
The Stakes Are High: Understanding North Dakota’s Assault of an Unborn Child Laws & Penalties
Assault of an unborn child is a serious criminal offense in North Dakota, specifically defined as willfully assaulting a pregnant woman and, in doing so, inflicting bodily injury on the unborn child.1 This crime acknowledges the distinct legal status of an unborn child and holds individuals accountable for harming them, even if the primary target of the assault was the pregnant woman. A conviction carries significant penalties and a permanent criminal record, emphasizing the grave nature of such an offense.2
What the Statute Says
Assault of an unborn child in North Dakota is governed by North Dakota Century Code § 12.1-17.1-06.3
12.1-17.1-06. Assault of an unborn child.
A person is guilty of assault of an unborn child, a class A misdemeanor, if the person willfully
assaults a pregnant woman and inflicts bodily injury on an unborn child.
As a Class A Misdemeanor
A conviction for assault of an unborn child, classified as a Class A misdemeanor in North Dakota, carries substantial penalties. You could face up to 360 days in jail and/or a fine of up to $3,000. While a misdemeanor is less severe than a felony, it is still a criminal conviction that will appear on your record.4 This can have significant repercussions on your life, including difficulties with employment opportunities, professional licensing, housing applications, and even certain civil liberties. The impact extends far beyond the immediate legal sanctions.
What Does an Assault of an Unborn Child Charge Look Like in Fargo?
An assault of an unborn child charge in Fargo arises when an act of violence directed at a pregnant woman unintentionally, yet directly, causes harm to the unborn child she is carrying. It’s crucial to understand that the focus here is not necessarily on the assailant’s intent to harm the unborn child, but rather the willful assault of the pregnant woman resulting in injury to the unborn child. These cases are particularly sensitive due to the double victim aspect, and they often involve complex medical evidence to determine the extent and cause of the unborn child’s injury.
Such charges can stem from various situations, often escalating from domestic disputes or altercations that spiral out of control. It highlights how violence, even when aimed at one person, can have devastating and unforeseen consequences for another. These incidents underscore the importance of understanding the law’s protection for unborn life in North Dakota. Here are some real-world examples of how an assault of an unborn child charge might manifest in our community:
Domestic Dispute Escalation
Imagine a heated argument between a couple in a Fargo apartment that escalates into physical violence. The male partner shoves the pregnant female partner, causing her to fall and hit her abdomen on a piece of furniture. While his intent might have been to push her, the force of the fall, a direct result of the willful assault, causes bruising and distress to the unborn child, requiring immediate medical attention for the pregnant woman and assessment of the fetus. In this scenario, the willful assault on the pregnant woman, leading to bodily injury to the unborn child, could result in a charge of assault of an unborn child.
Bar Fight Gone Wrong
Consider a scenario at a bar in downtown Fargo where an individual gets into a physical altercation with another patron. During the fight, the individual swings wildly, intending to hit their opponent, but instead strikes a pregnant woman who was merely trying to de-escalate the situation or was caught in the crossfire. The force of the blow, aimed at a human being, inadvertently strikes her abdomen, causing visible distress and potential injury to the unborn child, confirmed by medical examination. Even without the specific intent to harm the unborn child, the willful act of assault on the pregnant woman, resulting in injury to the unborn child, could lead to this charge.
Road Rage Incident
Picture a road rage incident on a busy Fargo street. Two drivers are aggressively maneuvering, and one driver becomes enraged, exiting their vehicle at a stoplight to confront the other driver. During the heated exchange, the agitated driver shoves the other driver through their open window, not realizing the other driver is visibly pregnant. The shove causes the pregnant driver to hit her stomach on the steering wheel, resulting in a documented injury to the unborn child, such as a temporary heart rate change or mild bleeding. The willful act of assault on the pregnant driver, causing bodily injury to the unborn child, could trigger this specific charge.
Intervention in a Public Disturbance
Suppose an individual tries to intervene in a public disturbance at a Fargo park, attempting to break up a fight between two other people. In the chaos, they swing an arm to separate the combatants and inadvertently strike a pregnant bystander in her abdomen. While the intent was to intervene, the action constituted a willful application of force to a person (the pregnant woman) which then directly resulted in bodily injury to the unborn child, as confirmed by medical examination after she reported pain and concern. This unintended consequence of a willful act of assault could lead to an assault of an unborn child charge.
Building Your Defense: How I Fight Assault of an Unborn Child Charges in Fargo
Facing an assault of an unborn child charge requires an immediate and aggressive defense. This is not a situation to approach passively; the prosecution will be building their case, and we must be proactive in dissecting their claims and establishing your defense. My approach is rooted in an unwavering commitment to challenge every piece of the prosecution’s narrative, ensuring that your side of the story is not only heard but powerfully argued. We will meticulously examine every detail, leaving no stone unturned in our pursuit of justice.
The prosecution will seek to prove that your willful assault on the pregnant woman directly led to bodily injury to the unborn child. This complex chain of events must be critically scrutinized. From the initial police report to the medical evidence and witness testimonies, every element of their case will be challenged. My goal is to expose any weaknesses, inconsistencies, or alternative explanations that can cast doubt on the prosecution’s claims and secure the best possible outcome for you. Your future is too important to allow the prosecution’s version of events to stand unchallenged.
Challenging the Willful Assault Element
A key component of this charge is that you “willfully assault” a pregnant woman. Disputing this element can be a powerful defense strategy.
- Absence of Willful Intent: We can argue that your actions, while perhaps regrettable, were not a “willful assault” as defined by law. This could involve demonstrating that your actions were accidental, a reflex, or a misinterpretation of events, rather than a deliberate application of force. For instance, if you genuinely tripped and accidentally bumped into a pregnant woman, causing injury, it would lack the willful intent required for the charge. We would present evidence such as witness statements, surveillance footage, or your own testimony to illustrate the lack of specific intent to assault.
- Self-Defense or Defense of Others: If your actions occurred in a situation where you were lawfully defending yourself or another person from imminent harm, it could negate the “willful assault” element. North Dakota law provides for self-defense.5 We would gather evidence, including witness accounts, police reports, and any available video, to establish that your use of force was reasonable and necessary to protect yourself or someone else from an ongoing threat. This argument would contend that your actions, though they resulted in injury to the unborn child, were legally justified and therefore not a criminal assault.
Disputing Bodily Injury to the Unborn Child
The prosecution must prove that the unborn child actually suffered “bodily injury” as a result of your actions. This often involves complex medical evidence.
- Contesting the Existence or Cause of Injury: We will meticulously review all medical records pertaining to the pregnant woman and the unborn child. This includes prenatal records, emergency room reports, ultrasound results, and any specialist consultations. Our goal is to determine if there’s clear, unequivocal evidence that the unborn child suffered a verifiable “bodily injury.” We will consult with independent medical experts to provide alternative interpretations of the medical findings, or to argue that any reported injury was pre-existing, minimal, or not directly caused by your actions, but rather by unrelated factors or circumstances.
- Challenging the Definition of “Unborn Child”: North Dakota Century Code § 12.1-17.1-01 defines “unborn child” as “the conceived but not yet born offspring of a human being, which, but for the action of the actor would beyond a reasonable doubt have subsequently been born alive.” We will scrutinize whether the specific “unborn child” in question met this legal definition at the time of the incident. This could involve challenging the viability or developmental stage of the unborn child at the time of the alleged assault, or demonstrating that other factors unrelated to your actions would have prevented a live birth.
Scrutinizing Law Enforcement Procedures
Errors or misconduct during the investigation can significantly undermine the prosecution’s case.
- Illegal Search and Seizure: If law enforcement obtained evidence through an unlawful search of your person, vehicle, or property without a warrant or probable cause, we can file a motion to suppress that evidence. This means the court cannot consider it against you, potentially weakening the prosecution’s ability to prove their case. We will meticulously review police reports, search warrants, and body camera footage to identify any violations of your Fourth Amendment rights during the investigation.
- Miranda Rights Violations: If you were questioned by law enforcement while in custody without being properly read your Miranda rights (the right to remain silent and the right to an attorney), any statements you made could be deemed inadmissible in court. We will analyze the circumstances surrounding your questioning to determine if your constitutional rights were violated, and if so, move to suppress any incriminating statements you may have made, removing a key piece of evidence for the prosecution.
Proving Mistaken Identity or Alibi
Sometimes, the simplest defense is that you were not the person who committed the alleged assault, or that you were somewhere else entirely.
- Eyewitness Credibility Challenges: Eyewitness testimony can be unreliable due to stress, poor lighting, or inherent biases.6 We will thoroughly investigate all eyewitnesses, looking for inconsistencies in their accounts, problems with their perception (e.g., poor vision, intoxication), or any motives to fabricate or exaggerate. If necessary, we can present expert testimony on the fallibility of eyewitness memory to cast doubt on their identification of you as the assailant.
- Establishing a Solid Alibi: If you can prove you were in a different location at the time of the alleged assault, it provides a complete defense. We will work to gather corroborating evidence for your alibi, such as surveillance footage from another location, receipts, cell phone data, social media posts with timestamps, or testimony from credible alibi witnesses. Presenting a strong, verifiable alibi can effectively demonstrate that you could not have committed the crime and lead to a dismissal of the charges.
Your Questions About North Dakota Assault of an Unborn Child Charges Answered
What does “willfully assaults a pregnant woman” mean in this context?
“Willfully assaults a pregnant woman” means that the person intentionally applied physical force to the pregnant woman, or intended to cause her bodily injury. It doesn’t necessarily mean there was an intent to harm the unborn child, but rather that the act of assaulting the pregnant woman itself was a deliberate and conscious decision. The subsequent injury to the unborn child is a consequence of that willful assault.
Does the charge require knowledge that the woman was pregnant?
The specific language of North Dakota Century Code § 12.1-17.1-06 for assault of an unborn child does not explicitly state that the person must know the woman is pregnant. The focus is on the willful assault of a pregnant woman and the resulting injury to the unborn child. However, a lack of knowledge could potentially be a factor in arguments related to the overall context of the incident and whether the actions were indeed “willful” in a manner that would lead to this specific charge.
What kind of “bodily injury” to the unborn child is required?
North Dakota law broadly defines “bodily injury” as physical pain, illness, or any impairment of physical condition.7 For assault of an unborn child, this could include a range of harms, from minor bruising or temporary distress to the unborn child, as detected by medical monitoring, to more severe, though not necessarily life-threatening, injuries. The key is that the willful assault on the pregnant woman caused a verifiable physical harm to the unborn child.8
Can I be charged with both assault of the pregnant woman and assault of an unborn child?
Yes, it is possible. These are separate offenses under North Dakota law. If you willfully assault a pregnant woman and inflict bodily injury on her (e.g., causing her a black eye or a broken nose), you could be charged with assault against her. If, in that same willful assault, you also inflict bodily injury on the unborn child, you could face the additional charge of assault of an unborn child. They are distinct crimes with separate elements.
Is this charge only applicable if the unborn child survives?
Yes, this specific charge, “Assault of an Unborn Child” (Class A misdemeanor), applies when the unborn child sustains bodily injury but generally survives the incident. If the assault leads to the death of the unborn child, more severe charges, such as negligent homicide of an unborn child, manslaughter of an unborn child, or even murder of an unborn child (which are felonies), would likely be pursued depending on the mental state and intent of the assailant.
What if the injury to the unborn child was extremely minor?
Even if the injury to the unborn child was perceived as minor, if it meets the legal definition of “bodily injury” (physical pain, illness, or impairment of physical condition), a charge of assault of an unborn child can still be filed. The severity of the injury often influences sentencing, but even minor injuries can trigger the charge if the other elements are met. Medical documentation is key in proving the existence and extent of any injury.9
What evidence will the prosecution use to prove injury to the unborn child?
The prosecution will primarily rely on medical evidence to prove injury to the unborn child. This can include: the pregnant woman’s medical records (prenatal and post-assault), ultrasound results, fetal monitoring strips, physician’s reports, expert testimony from obstetricians or neonatologists, and any other diagnostic tests conducted after the incident that show a change in the unborn child’s condition or well-being directly attributable to the assault.
How does North Dakota define “unborn child” for these offenses?
North Dakota Century Code § 12.1-17.1-01 defines “unborn child” as “the conceived but not yet born offspring of a human being, which, but for the action of the actor would beyond a reasonable doubt have subsequently been born alive.” This definition is central to all offenses against unborn children, including assault, and establishes the legal personhood for the purpose of these specific crimes.
Can I argue that the pregnant woman provoked me?
While provocation might be a factor in some assault cases to explain or mitigate the defendant’s actions, it is generally not a full legal defense to a willful assault. North Dakota law recognizes self-defense, but mere verbal provocation, or even non-physical aggression, typically does not justify a physical assault. However, the context of provocation might be used by your attorney to explain circumstances to the court or in plea negotiations.
What’s the difference between simple assault and assault of an unborn child?
Simple assault (NDCC 12.1-17-01) generally involves willfully causing bodily injury to another human being or negligently causing substantial bodily injury with a weapon.10 Assault of an unborn child (NDCC 12.1-17.1-06) is a specific statute that applies only when a person willfully assaults a pregnant woman and inflicts bodily injury on an unborn child.11 The key difference is the specific victim (an unborn child) and the requirement of assaulting a pregnant woman.
What are the possible outcomes if I’m charged with assault of an unborn child?
Possible outcomes range from dismissal of charges (if evidence is insufficient or rights were violated), a negotiated plea agreement (which might reduce the charge or sentence), or, if convicted at trial, the maximum penalties of up to 360 days in jail and a $3,000 fine. Other outcomes could include probation, community service, or mandatory counseling, often in conjunction with other penalties.
Will I go to jail for a Class A misdemeanor conviction?
While a Class A misdemeanor carries a maximum jail sentence of 360 days, whether you actually serve jail time depends on various factors. These include your prior criminal record, the specific facts of the case, the severity of the injury, the judge’s discretion, and the strength of your defense. It is possible for sentences to involve probation, fines, or community service instead of jail time, or a combination thereof.
How does this charge impact child custody or visitation rights if I have other children?
A conviction for assault of an unborn child can significantly impact existing or future child custody and visitation rights. Family courts prioritize the safety and best interests of children. A criminal record, especially one involving violence and harm to an unborn child, can be seen as a serious indicator of potential risk to other children, making it very difficult to obtain or retain custody or unsupervised visitation.
What role do medical experts play in these cases?
Medical experts play a crucial role in assault of an unborn child cases. The prosecution will rely on medical professionals (e.g., obstetricians, radiologists) to testify about the existence, nature, and cause of the unborn child’s injuries. Defense attorneys may also call their own independent medical experts to challenge these findings, provide alternative explanations for the injuries, or dispute the causal link between the alleged assault and the harm.
Can the pregnant woman drop the charges?
No, in North Dakota, once criminal charges have been filed by the state, typically through the State’s Attorney’s office, the pregnant woman (or victim) generally cannot unilaterally “drop” the charges. While her wishes and willingness to cooperate are important and will be considered by the prosecutor, the decision to proceed with or dismiss a case rests with the prosecuting attorney, who represents the state’s interest in enforcing the law.
Your Future Is Worth Fighting For
The Lasting Shadow on Your Reputation and Relationships
An accusation of assault of an unborn child casts an immediate and chilling shadow over your reputation, and a conviction can leave a permanent stain that impacts every future relationship. In a close-knit community like Fargo, such a charge is not easily forgotten. It can lead to social ostracization, distrust from friends and family, and a fundamental shift in how you are perceived by others. The profound sensitivity surrounding the harm to an unborn child means that judgment can be swift and unforgiving, creating a pervasive sense of isolation and shame.
Beyond the immediate social fallout, this type of conviction can deeply fracture existing personal relationships, particularly with family members who may struggle to reconcile the accusation with their perception of you. For future relationships, the criminal record and the stigma attached to it can create insurmountable barriers, making it difficult to build trust or forge meaningful connections. Your personal life, social standing, and emotional well-being will be under constant scrutiny and burdened by this lasting shadow, emphasizing the critical need for a vigorous defense.
Barriers to Employment and Professional Licensing
A conviction for assault of an unborn child, even as a Class A misdemeanor, erects significant and often insurmountable barriers to your professional life and future earning potential. Many employers conduct thorough background checks, and a criminal record involving violence, especially against an unborn child, can lead to immediate disqualification from a vast array of jobs. Fields requiring trust, work with vulnerable populations, or professional licenses (such as healthcare, education, or childcare) will likely be entirely closed off to you.
Even if you are able to find employment, it may be in lower-paying, less desirable positions, severely limiting your career growth and financial stability. This single conviction can derail years of education, training, and hard work, forcing you to reconsider your entire professional trajectory. The economic impact alone can be devastating, extending for years or even decades after your sentence is complete. Protecting your livelihood is a critical component of fighting these charges, as the long-term professional consequences are truly life-altering.
I Know the Fargo Courts and the Prosecution
Successfully defending against an assault of an unborn child charge in Fargo demands more than just a theoretical understanding of the law; it requires an intimate knowledge of the local court system and the specific tactics employed by the Cass County State’s Attorney’s office. My extensive experience practicing within these very courtrooms has given me unique insights into the nuances of local judicial procedures, the preferences of individual judges, and the specific ways in which prosecutors build and present their cases. I’ve spent years observing, learning, and strategically navigating these familiar hallways.
This invaluable insight allows me to anticipate the prosecution’s strategies, understand their approach to evidence, and effectively counter their arguments. It means I can often predict how a judge might rule on certain motions or what arguments will resonate most effectively with a local jury. This deep familiarity with the Fargo legal landscape is a distinct advantage, enabling me to craft a defense that is not only legally sound but also strategically tailored to the environment in which your case will be heard, maximizing your chances for a favorable outcome.
Your Life is Too Important for Inaction
To be accused of assault of an unborn child is to face an attack on your very identity, threatening to permanently define you by a single, tragic incident. Inaction or a passive defense in such a serious situation is simply not an option. Your life, your reputation, your future opportunities, and your peace of mind are far too important to leave to chance or to allow the prosecution’s narrative to go unchallenged. This is a moment where decisive, aggressive legal action is not just beneficial, but absolutely essential.
I am committed to providing that robust and proactive defense. My role is to dismantle the state’s case piece by piece, to expose any weaknesses, and to present a powerful, compelling defense that reflects the full truth of your situation. We will tirelessly work to mitigate the potential consequences, clear your name, or secure the most favorable resolution possible. Your ability to rebuild your life, regain your footing, and move forward unburdened by a criminal conviction hinges on the strength of your defense today. Let’s fight for the future you deserve.