Florida Criminal Defense Attorney on the Murder of a Pregnant Woman - And Fetus?

April 16, 2010
By Musca Law on April 16, 2010 12:28 PM |

A Florida man has been charged with murdering his pregnant girlfriend.  Some have argued that the law needs to be changed so that the man can also be charged with the death of the unborn fetus.  Larry Reed has been charged with second-degree murder in the killing of his girlfriend Anastasia Boyd who was four months pregnant at the time of the shooting.  Police indicate that Reed confessed to shooting his girlfriend after being read his Miranda rights.  Reed made his first appearance on Thursday and was denied bond.

People familiar with the couple were split on whether there where indications that this type of violence was predictable based on the couple's interactions.  Boyd's mother indicated she did not like Reed and did not want her daughter dating him.  She also conceded that her daughter continued to date Reed over her objections. 

Those who knew Reed claimed he was trying to improve himself by attending an alternative school in an attempt to get his GED.  Friends of the couple also suggested there were no indications of trouble with the couple.  However, there was some question about whether Reed was the father of Boyd's baby.  Another friend of the couple said, "He's nice.  He gets along with everyone.  He doesn't start drama.  He's nice and kind.  I don't see him doing something like this."

Prosecutors did not charge Reed with the death of the fetus because Boyd was only four months pregnant at the time of the incident.  Under current Florida criminal law, a person cannot be charged with the death of a fetus unless the fetus could have survived on its own outside the womb.  Senator Mike Fasano from New Port Richey would like to see the law changed.  He recently introduced legislation that would make it a crime to cause the death of a fetus at any stage of a pregnancy.  "We want to make it very clear that the fetus is an unborn child and if that life is taken because of a criminal offense against the mother at the same time, then that unborn child would be considered murdered as well and that person would be charged for that crime," said Senator Fasano.

Florida Criminal Attorney John Musca commented that this could be a major change in the law and potentially raise lots of new issues.  If a fetus is considered a person for purposes of criminal law at all stages of a pregnancy, then it might mean crimes against a pregnant woman would generally involve a second victim and additional charges.  The question that must also be asked is what if the person has no reason to know the victim is pregnant.  These are questions that may need to be addressed if the fetus is defined as a person for criminal law purposes, said Musca.

Musca Law Firm had over 100 years of combined legal experience with convenient offices located across the State of Florida.  Our Florida criminal defense team will aggressively defend your rights on the State and Federal level.  The prosecution is looking to punish you to the fullest extent of the law.  You need a knowledgeable attorney that will watch out for you.  Contact Musca Law for a free, comprehensive review of your case.