When faced with criminal charges in California, understanding all available defense options is crucial, especially when mental health conditions like Post-Traumatic Stress Disorder (PTSD) play a role. For individuals diagnosed with PTSD, specific legal defenses and sentencing considerations may apply.

Here’s how PTSD might impact your criminal case and the potential for a more favorable outcome. Contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.

When Can PTSD Be Used as a Legal Defense?

PTSD is recognized as a serious mental health condition that can severely impact an individual's cognitive functions and perceptions of reality. This recognition opens the door to using PTSD as part of an insanity defense in criminal cases. The insanity defense asserts that at the time of the crime, the defendant was unable to understand the nature of their actions or distinguish right from wrong due to their mental state.

Requirements for an Insanity Defense

To successfully use PTSD as a basis for insanity, the defense must prove by a preponderance of the evidence that the defendant was legally insane at the time of committing the crime. This involves demonstrating that it was more likely than not that the individual was incapacitated by their mental illness during the incident. Expert testimony and psychological evaluations are critical in substantiating these claims.

Can PTSD Serve as Mitigation Evidence?

PTSD can often be presented as mitigation evidence during sentencing. This means that if a person was suffering from PTSD when they committed a crime, this factor could be used to advocate for a reduced sentence or alternative penalties such as probation or treatment programs.

Impact of Mitigation on Sentencing

The presence of PTSD can influence a judge's decision by positioning the defendant's actions within the context of a mental health struggle, potentially reducing the perceived culpability and leading to lighter sentencing. The law recognizes that mental health issues can diminish a person’s intent, making punitive measures like long-term incarceration less appropriate.

Using PTSD to Secure Probation

Under California law, courts may consider mental health conditions, including PTSD, as factors in favor of granting probation instead of jail time. This is particularly relevant when the criminal behavior can be directly linked to symptoms or effects of PTSD, such as impulsivity, disassociation, or heightened stress reactions.

Treatment Instead of Incarceration

Judges might opt to place a defendant on probation with the condition of undergoing a treatment program tailored to address the underlying mental health conditions. This not only serves the interests of justice but also supports the rehabilitation of the individual.

Military Diversion for Veterans and Active-Duty Military Personnel

For military veterans and active-duty personnel, PTSD related to service can be a pathway to entering California’s military diversion program. This program is available for those charged with misdemeanors and provides an opportunity to receive treatment instead of enduring traditional criminal penalties.

Benefits of Military Diversion

Participants in military diversion have their charges dismissed upon successful completion of a treatment program, offering a clear incentive and helping to address the root causes of their legal issues. This program underscores the state’s recognition of the unique challenges faced by those who have served in the military.

Seeking Legal Assistance

If you or someone you know is dealing with criminal charges and has a history of PTSD, it’s essential to contact a skilled defense attorney who understands the intricacies of mental health defenses. Law Office of Michael L. Fell specializes in complex criminal cases where mental health plays a significant role. To explore your defense options and potentially mitigate the consequences of a charge, reach out to us at (949) 585-9055 for a comprehensive review of your case.