Will My Mental Health Issues Help or Harm My Texas Criminal Defense?
Thankfully, America is currently experiencing a period of awareness regarding mental health issues. Although it used to be a taboo subject in the past, mental health concerns are quite common throughout all parts of society.
This awareness has brought with it several benefits; people feel less shame about it than they used to in the past, there is access to various services and assistance programs, and mental health issues can even be used in criminal defense as mitigating factors that could impact sentencing. To learn more about whether your mental health issues might be helpful in your case, speak with an experienced Marble Falls, TX criminal defense lawyer.
How Is Mental Health Relevant in a Criminal Defense?
The term "mental illness" covers a wide variety of disorders and conditions that can affect someone in different ways. However, one common trait among most mental health issues is the ability to impact a person’s behavior. When that behavior leads to criminal charges, the mental diagnosis becomes relevant to the case.
If someone committed a crime while she was suffering a serious psychotic episode with hallucinations and an impaired sense of reality, should she be held responsible for her actions at that time and punished as if she were any other criminal? If someone with mental illness is to be held responsible for her allegedly criminal behavior, should she be incarcerated in a regular prison without regular access to therapy and routine?
These issues are why criminal defense lawyers often use their clients’ mental health issues as part of their strategy, rather than try to hide them. Mental illness does not excuse criminal activity, but its influence over the person suffering from it cannot be ignored and is often addressed in criminal cases.
How Can Your Mental Health Be Used in Your Criminal Defense?
One way mental illness might be used in a criminal case is by demonstrating mental incompetency to stand trial. If the defense can show that your mental health issues prevent you from understanding the charges against you or contributing to your own defense, the legal proceedings might be suspended until you have restored competency through treatment. If treatment does not restore your competency, it might mean that your trial is never rescheduled and you cannot be convicted.
Another way to use mental illness in criminal defense when it is proven that you did what you are accused of doing is by pleading insanity, which is possible if your lawyer can demonstrate that you were unable to distinguish between right and wrong and understand that what you were doing was wrong. This defense sometimes leads to defendants being found not guilty by reason of insanity, but it is difficult to prove and, therefore, less commonly used.
Third, your mental illness can be considered a mitigating factor for sentencing purposes. If your condition is not enough to plead insanity but still impacts your decision-making and actions, the court might take it into consideration and offer a reduced or alternative sentence.
Contact a Llano County, TX Criminal Defense Lawyer
Criminal charges are challenging for anyone to face, even more so if the defendant is suffering from mental health conditions as well. At Law Office of Russ Alan Baker, PLLC, we are dedicated to protecting our clients’ rights and creating a strong defense to serve their best interests. Call 325-216-2006 to schedule a private consultation so a qualified Llano, TX criminal defense attorney can review your case and advise you further.