📹 Watch the Highlight
🎬 Watch the Full Video
Texas Abortion Law After Roe v. Wade: A Legal Emergency Lawyers™ Analysis
Welcome to Attorney911. I’m Ralph Manginello, managing partner and founder of The Manginello Law Firm, PLLC. For over 25 years, our firm has served as Houston’s and Texas’s first responders to legal emergencies, handling catastrophic personal injury and complex criminal defense cases across the state. Today, we’re addressing one of the most significant legal shifts in recent memory: the post-election landscape of abortion law in Texas. While our core practice focuses on recovering multi-million dollar settlements for injured Texans and defending those facing criminal charges, we believe in empowering our community with clear, actionable legal knowledge. This analysis breaks down the current state of Texas abortion law, the severe penalties involved, and what this means for Texans navigating this complex legal environment. If you have a legal emergency in our areas of practice, call our emergency line at 1-888-ATTY-911.
The Supreme Court’s Decision and the Return of Power to Texas
As many Texans are aware, the landscape of reproductive rights underwent a seismic shift with the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization in 2022. This ruling effectively overturned the long-standing precedent set by Roe v. Wade, eliminating the federal constitutional right to abortion and, as Attorney Ralph Manginello noted in our podcast, “basically gave the rights to the states to make abortion law.” This transfer of authority has resulted in a patchwork of laws across the country, with Texas being one of the states that moved swiftly to enact one of the nation’s most restrictive bans.
This shift exemplifies a core principle we see daily in our Houston personal injury practice: when legal frameworks change, individuals are often left navigating confusing new rules without a guide. Just as an injured victim must understand Texas’s modified comparative fault rules after a car crash, Texans must now understand the specific statutes governing reproductive healthcare. The immediate consequence was the activation of Texas’s “trigger law,” which went into effect in August 2022. This law, codified in the Texas Penal Code and Health and Safety Code, made performing an abortion a felony in most circumstances. For anyone facing a legal issue, whether related to this topic or a personal injury, the first step is understanding the exact letter of the law. Our firm, with Ralph Manginello’s 25+ years of litigation experience in Texas courts, emphasizes that knowledge is your first defense in any legal emergency.
Chapter 170A of the Texas Health and Safety Code: The Letter of the Law
The primary mechanism for Texas’s abortion ban is found in Chapter 170A of the Texas Health and Safety Code. As Ralph Manginello pointed out, the law’s language is unequivocal: “abortions are illegal in Texas.” The statute makes it a criminal offense for a physician to knowingly perform, induce, or attempt an abortion. Critically, the law defines an “abortion” as any act with the intent to cause the death of an unborn child of a woman known to be pregnant. This legal definition is broad and carries significant implications.
Understanding statutory language is a cornerstone of our practice at Attorney911. Whether we’re interpreting the Texas Transportation Code in a trucking accident case or the Texas Penal Code in a DWI defense, we know that every word matters. The specificity of Chapter 170A means there is little room for misinterpretation by healthcare providers. For Texans, this creates a complex legal environment where seeking certain medical procedures within the state lines carries substantial legal risk for the provider. If you are confronting any complex legal statute, having an attorney with federal court experience and a deep understanding of Texas law is critical. Ralph Manginello’s admission to the U.S. District Court for the Southern District of Texas ensures our firm can handle intricate legal matters that require the highest level of scrutiny.
The Exception Framework: A “Very Detailed Step-by-Step” Process
A common question following any ban is: Are there exceptions? As highlighted in our Attorney 911 podcast, Texas’s law is notable for what it excludes. “Some states with abortion bans have exceptions for rape and incest. Texas does not,” Ralph Manginello clarified. This places Texas among the most restrictive states in the nation alongside neighbors like Louisiana.
The exceptions that do exist are narrowly tailored to what the statute terms the “life of the mother.” Specifically, Chapter 170A provides an affirmative defense for a physician who performs an abortion if they believe it is necessary to save the life or protect the major bodily function of the pregnant patient. However, this is not a simple medical judgment call. As Ralph described, it’s a “very detailed step-by-step exception.” The physician must make a reasonable medical judgment that the pregnancy places the patient at risk of death or “substantial impairment of a major bodily function.” The law further states that the physician must use the method most likely to preserve the life of the unborn child, if possible, and only terminate the minimum amount of the pregnancy necessary to address the medical emergency.
This creates an immense legal and ethical burden for healthcare providers. They must navigate a medical emergency while simultaneously acting as quasi-legal experts, ensuring their actions fit within a rigid statutory framework to avoid felony prosecution. This intersection of medical care and criminal law is a space where legal expertise is paramount. While we at Attorney911 do not practice abortion law, we have extensive experience defending clients against serious felony charges and understand the weight of a criminal indictment. Our firm’s involvement in high-stakes litigation, such as the BP Texas City explosion cases, demonstrates our capacity to handle cases with severe consequences and complex scientific or medical evidence.
Contrasting Texas with Other States
As mentioned, the legal landscape is now state-by-state. “I know that Louisiana has very strict laws. And then along the South, it’s very strict. There are certain states that are allowing them longer term,” Ralph noted. This disparity means that Texans seeking options may look beyond state borders, but that journey itself can be fraught with legal and financial complexities. It underscores a fundamental reality: your legal rights are now determined by your geographic location within the United States.
This principle mirrors what we see in personal injury law. For example, the statute of limitations for filing a lawsuit in Texas is two years from the date of injury (Texas Civil Practice & Remedies Code § 16.003), but it differs in other states. Just as an injured victim must act within Texas’s deadlines to preserve their claim, individuals must understand the specific laws of their state. Our firm’s deep roots in Texas—with offices in Houston, Austin, and Beaumont—mean we have a fingertip understanding of how Texas law uniquely impacts your rights and recovery.
Severe Penalties: Felony Charges, Fines, and License Revocation
One of the most pressing questions from the public is: What are the penalties? “What happens to someone who moves forward with an abortion, let’s say, in Texas? What would happen to the doctor? What would happen to the person?” Ralph Manginello addressed this directly from his research.
The law specifically targets the medical provider, not the pregnant individual. “From my cursory research, what I found is nothing would happen to the person seeking the abortion, but the doctor could and would face felony charges depending on the stage of the fetus and if it dies or not.” This is a critical distinction. Under Texas law, a person who undergoes an abortion cannot be held criminally or civilly liable for the procedure.
For the physician, however, the penalties are severe and multi-faceted:
- Felony Criminal Charges: Performing an illegal abortion is a first-degree felony, punishable by life in prison or a term of 5 to 99 years, and a fine of up to $10,000. If the unborn child dies, the offense is a second-degree felony (2 to 20 years in prison).
- License Revocation: “The doctor could lose their medical license, could be revoked.” The Texas Medical Board has the authority to take disciplinary action against a physician’s license for violating the law.
- Civil Penalty: “And then the doctors also, subject to a $100,000 fine.” This is a civil penalty imposed by the state, separate from any criminal fine.
“So very, very severe penalties facing any doctor that was willing to move forward with an abortion,” Ralph concluded. This severity reflects the state’s enforcement priority. In our criminal defense practice at Attorney911, we see how felony charges can destroy a professional’s life, reputation, and livelihood. We have successfully had DWI and drug charges dismissed for clients facing similar life-altering consequences. For instance, in one case, police found a large quantity of illegal drugs in our client’s home. We identified critical weaknesses in the state’s case and secured deferred adjudication—our client faced no jail time and will have the charges dismissed upon completing probation, whereas he initially faced 5 to 99 years behind bars. The strategic approach we use in criminal defense—meticulously investigating evidence, challenging procedures, and negotiating with prosecutors—is essential when the stakes are this high. If you are facing any criminal investigation in Texas, call 1-888-ATTY-911 immediately.
Attorney911’s Role: Personal Injury, Criminal Defense, and Your Legal Emergency
As Ralph Manginello stated clearly, “I am not an abortion attorney. I don’t know the laws other than what I’ve told you. We specialize in personal injury here.” Our mission at Attorney911 is to serve as your Legal Emergency Lawyers™ for matters within our core practice areas. We have built a reputation across Texas for recovering multi-million dollar settlements for injured victims and aggressively defending those accused of crimes.
However, our commitment to our community extends beyond our casework. “But if you had any questions where it needed help or you had a legal emergency, if we couldn’t help you, we would find someone that could.” This promise is central to our ethos. We have a network of trusted legal professionals across various specialties. If your legal emergency falls outside our wheelhouse, we will leverage our 25+ years of Texas legal connections to help you find competent, ethical representation. This is part of being a true first responder—knowing when to act and when to connect you with the right specialist.
Our Proven Track Record in Texas Courtrooms
When you face a legal crisis, you need a firm with proven results. At Attorney911, led by Ralph Manginello, we don’t just make promises—we have a documented history of victories:
- Multi-Million Dollar Personal Injury Recoveries: We secured a multi-million dollar settlement for a client who suffered a traumatic brain injury and vision loss when a log dropped on him at a logging company. In another recent case, a client’s leg injury from a car accident led to a severe infection and partial amputation; that case also settled in the millions.
- Complex Litigation Experience: Our firm is one of the few in Texas involved in the BP Texas City explosion litigation, proving we have the resources and tenacity to take on billion-dollar corporations and powerful insurance carriers.
- Criminal Defense Dismissals: We have consistently achieved dismissals for clients facing DWI charges. In one case, we proved a breathalyzer machine was improperly maintained, leading to dismissal. In another, we secured a dismissal because video evidence showed our client did not appear intoxicated during field sobriety tests.
These results are why clients like Jamin Marroquin say, “Mr. Manginello guided me through the whole process with great expertise…tenacious, accessible, and determined.” And why Ernest Cano states, “Mr. Maginello and his firm are first class. Will fight tooth and nail for you.”
Why Attorney911’s Approach Is Different: The Insurance Defense Insider Advantage
What truly sets our Houston personal injury practice apart is a strategic advantage most firms cannot offer: our associate attorney, Lupe Peña, is a former insurance defense attorney. Lupe spent years at a national defense firm, learning firsthand how large insurance companies value claims, deploy delay tactics, use surveillance, and select “independent” medical examiners (IMEs) to minimize payouts. Now, he uses that insider playbook FOR our clients, not against them.
This means when we negotiate with an insurance adjuster, we know exactly how they calculated their lowball offer. We know the software they use (like Colossus) and the strategies they employ to undermine your claim. As Lupe has shared, “I’ve reviewed hundreds of surveillance videos and social media posts as a defense attorney. Insurance companies take innocent activity out of context… They’re not documenting your life—they’re building ammunition against you.” With this knowledge, we proactively protect your claim, advise you on social media use, and build an unshakeable case for maximum compensation. If you’ve been injured in a car, truck, or workplace accident in Texas, you need this unfair advantage on your side. Call 1-888-ATTY-911 to put it to work.
Navigating Any Legal Challenge: Immediate Steps to Protect Your Rights
Whether you’re researching a complex law like Texas’s abortion statute or recovering from a serious injury, the principles of protecting your rights are similar. Based on our decades of experience, here is our immediate guidance for anyone facing a potential legal issue:
- Do Not Make Statements Without Counsel: In criminal matters, exercise your right to remain silent. In personal injury cases, never give a recorded statement to the other party’s insurance adjuster without consulting an attorney. They are trained to ask questions that minimize your claim.
- Preserve All Evidence: Evidence disappears quickly. In injury cases, this means photos of the scene, your injuries, and vehicle damage. In other legal matters, save all relevant documents, emails, and text messages.
- Seek Medical Attention: For injuries, your health is the priority. A medical record also creates a documented timeline linking your injuries to the accident, which is crucial for your claim.
- Understand the Deadlines: Texas has strict statutes of limitations. For personal injury, you generally have two years from the date of accident to file a lawsuit. For criminal charges, the state has its own deadlines to file, but you must act quickly to build a defense.
- Consult a Specialist Early: Legal issues become more complex and costly the longer they fester. An early consultation allows an attorney to guide you, protect evidence, and prevent missteps.
Our firm offers free, no-obligation consultations because we believe informed Texans make the best decisions for their families. With offices in Houston, Austin, and Beaumont, we are accessible across Texas. Our bilingual staff, including attorney Lupe Peña and case manager Zulema, ensure Spanish-speaking clients receive clear, compassionate service. Hablamos Español.
Frequently Asked Questions on Texas Law and Legal Representation
What should I do if I’m facing a criminal investigation in Texas?
Immediately invoke your right to remain silent and request an attorney. Do not answer questions or agree to searches without legal counsel. Contact a criminal defense lawyer with a track record of success. At Attorney911, Ralph Manginello’s membership in the Harris County Criminal Lawyers Association (HCCLA) and our history of dismissed charges demonstrate our capability. Call 1-888-ATTY-911 for immediate assistance.
How does Attorney911 charge for personal injury cases?
We work on a contingency fee basis. You pay nothing upfront or out-of-pocket. Our fee is a percentage of the recovery we secure for you (33.33% if settled before trial, 40% if a trial becomes necessary). We advance all case costs. Simply put: We don’t get paid unless we win your case.
What if I was partially at fault for my accident?
Texas follows a “modified comparative fault” rule (Texas Civil Practice & Remedies Code § 33.001). You can still recover damages as long as you are not more than 50% responsible for the accident. Your compensation is reduced by your percentage of fault. We aggressively investigate to establish the true fault and maximize your recovery.
How long will my personal injury case take?
Most cases settle within 6 to 18 months, but complex or severely contested cases can take longer if litigation is necessary. We prepare every case as if it’s going to trial, which gives us leverage in negotiations. We prioritize communication, updating clients like Glenda Walker every 2-3 weeks, who said, “They make you feel like family… They fought for me to get every dime I deserved.”
Can you help if another attorney dropped my case?
Absolutely. We have successfully taken over cases other firms gave up on. Client Greg Garcia came to us after another attorney dropped his case, and we were able to help him. We review every case with fresh eyes and our unique insurance defense insight to identify avenues for recovery others may miss.
Why should I choose Attorney911 over other Texas law firms?
Our combination of 25+ years of experience, federal court admission, multi-million dollar results, and—most critically—a former insurance defense attorney on our team is unmatched. As client Jacqueline Johnson noted, “One of Houston’s Great Men Trae Tha Truth has recommended this law firm.” Our 4.9-star Google rating from 251+ reviews reflects the real results and personal care we deliver. We are not a settlement mill; we are strategic litigators who fight for our clients’ futures.
Your Next Step: Contact Texas’s Legal Emergency Lawyers™
Navigating legal changes, whether statewide shifts in policy or the aftermath of a sudden accident, requires a trusted guide. At Attorney911, Ralph Manginello and our entire team bring compassion, urgency, and a proven record of success to every case we handle. We hope this information provides clarity on the current Texas legal landscape. If you or a loved one is facing a legal emergency in personal injury or criminal defense, do not face it alone. Time is critical—evidence fades, memories blur, and statutes of limitations run out.
Call our emergency line now at 1-888-ATTY-911 (1-888-288-9911) for a free, confidential consultation. Visit our website at attorney911.com to learn more about our practice areas, view our case results, and read testimonials from clients across Texas. We are here to help you get the justice, compensation, and peace of mind you deserve.
Frequently Asked Questions
Is abortion illegal in Texas?
Yes. Following the overturning of Roe v. Wade, a Texas law went into effect in 2022 making abortion illegal in most circumstances, with no exceptions for rape or incest. The ban is found in Chapter 170A of the Texas Health and Safety Code.
What are the penalties for having or performing an abortion in Texas?
The person seeking an abortion faces no criminal penalty. However, a doctor who performs an illegal abortion faces severe consequences: felony criminal charges (potentially life in prison), revocation of their medical license, and a civil fine of up to $100,000.
Are there any exceptions to Texas’s abortion ban?
The only exception is a narrow affirmative defense for a doctor who performs an abortion to save the life or protect a major bodily function of the pregnant patient. This requires a complex, step-by-step medical judgment as defined in Texas law, and there are no exceptions for rape or incest.
What should I do if I’m facing a criminal investigation in Texas?
Immediately exercise your right to remain silent and request an attorney. Do not speak to investigators without legal counsel. Contact a criminal defense lawyer with a proven record, like Attorney911, which has secured dismissals in DWI and drug cases. Call 1-888-ATTY-911 for urgent help.
How does Attorney911 charge for personal injury cases?
We work on a contingency fee basis: you pay nothing unless we win. We advance all case costs, and our fee is a percentage of the recovery we secure for you (33.33% before trial, 40% if a trial is necessary). This aligns our success with yours.
Why is Attorney911’s approach to personal injury claims different?
Our firm includes a former insurance defense attorney, Lupe Peña, who spent years working for insurance companies. He knows their exact tactics for undervaluing claims, giving us an insider advantage to fight for maximum compensation. Combined with Ralph Manginello’s 25+ years of trial experience, we offer unmatched strategic insight.
