Interdasting.
The fact that prosecutors dropped the charge does not, by itself, "make" new law.
But it does set a policy precedent for other prosecutors to follow. So if the next guy just beats the crap out of his bae and causes a fetal death, by extension of the reasoning of these procurers -err, prosecutors - he should only be charged with assault…
because, what's that clump o' cells anyway?
GRRRRR.