The Rising Role of Mental Health in Criminal Defense

 Posted on October 29, 2024 in Criminal Law

Getting arrested and facing criminal charges can be extremely stressful under typical circumstances. When the person getting arrested suffers from mental health issues, the anxiety and distress can be even more challenging. As awareness of mental illness and its effects on decision-making and conduct has been slowly increasing, so has the prevalence of incorporating it into criminal defense strategies. If you are concerned about possible criminal charges, speak with a knowledgeable Wheaton, IL criminal defense lawyer about your relevant mental health conditions.

Can Mental Illness Make Someone Unable to Stand Trial?

People who are unfit to stand trial, especially if they cannot understand the proceedings and their implications, are not forced to do so. The defense can request a mental health evaluation to examine the defendant’s competency. If he or she is found incapable of standing trial, the case can be suspended and the defendant might be sent for mental treatment.

Does Mental Illness Mean There Is No Criminal Intent?

Intent is an important factor in typical criminal convictions. The prosecution needs to prove that the defendant had criminal intent when the crime was carried out. If the defense can demonstrate that diminished capacity made it impossible for the defendant to possess this intent, the court might find him or her not guilty. If there is a conviction, it might be for a lesser offense with less severe penalties.

What is Involved in an Insanity Defense?

In Illinois, if the defense can prove that the defendant’s mental state prevented him or her from distinguishing between right and wrong and understanding that their actions were criminal, they could be found not guilty by reason of insanity. There is also the option of pleading temporary insanity by claiming that the defendant suffered from a condition that impaired their decision-making around the time of the crime, even if that person is considered mentally healthy during the trial. If the court agrees with the insanity claims, it might send the defendant to treatment instead of a sentence.

How Can Mental Health Issues Be Used as Mitigating Factors?

In some cases, the court might accept that the defendant suffered mental illness in such a way that he or she should not be judged or penalized the same as a mentally healthy individual. However, the crime might still need to be charged and punished. If the defendant is still convicted, mental illness can be used as a mitigating factor to get a reduced sentence. If the defense can prove that the alternative sentencing options would be beneficial and effective, specialized probation programs or mental health treatment facilities can be considered instead of a prison sentence.

Schedule a Free Consultation with a DuPage County, IL Criminal Defense Lawyer

If you or a loved one are facing criminal charges while dealing with mental illness, speak with a compassionate Wheaton, IL criminal defense attorney who will aggressively defend your rights. At Davi Law Group, LLC, we are passionate about using legal precedent to help clients avoid situations that can exacerbate their health issues or punish them unfairly. Call us at 630-580-6373 to schedule a private, free consultation so we can review your case and create a strong defense strategy.