Mental health can increase the risk of a person committing a crime. As your Cypress mental health defense attorney, we know that many people in Texas – and the rest of the nation – suffer from mental health issues:
- 7% of youths suffer from serious mental illness
- 8.3% of adults suffer major depressive episodes annually
These statistics don’t account for bipolar disorder, schizophrenia, PTSD, neurodevelopmental disorders or others that can increase the risk of a person causing a crime.
You may not have received the support and treatment you needed, or you may not have recognized that there were mental health concerns beforehand.
At the Law Office of Nathaniel Pitoniak, we have 15+ years of experience helping people – just like you – defend their cases when mental health is involved.
Click here or call to speak to an attorney about your mental health defense.
How Do I Find a Reputable Mental Health Defense Attorney in Cypress, TX?
The charges against you may be serious. Your mental state can cause you to commit crimes and act in an uncharacteristic manner. Finding an attorney who will fight by your side to protect your rights is crucial to having the charges lowered or dismissed.
You can ask friends and family for a recommendation, but some criminal defense attorneys may not have experience with mental health defense.
If you suffer from mental health issues that may have contributed to you committing a crime, find a Cypress mental health defense attorney who has experience defending cases like your own.
When the charges against you are serious, you don’t want to risk being an attorney’s first mental health defense client.
What Experience Should a Mental Health Defense Attorney in Cypress, TX Have for My Case?
Our firm gets results. We’ve received numerous positive outcomes for our clients, including:
- Misdemeanor charge dismissal
- Felony charge dismissal
- Misdemeanor or felony charge reduction
At the Law Office of Nathaniel Pitoniak, we take an aggressive approach to defense and are always honest with our clients.
If mental health played a role in the crimes you committed, you need an attorney who has:
- Years of experience in criminal defense
- Experience as a prosecutor (like us)
- A track record of success
Texas laws are evolving and changing as mental health defense claims rise. Your attorney should have experience with similar cases and demonstrate that if not for your mental health issue, the crime may not have been committed.
How Does Mental Illness Affect Criminal Responsibility?
Mental health can impact your overall responsibility in a crime. If you’re found to be mentally incompetent, it may be possible that you cannot stand trial. The court may also find alternatives may be a better option in your case, such as:
- Mental health treatment
- Mental health therapy
If competency comes into question, it may be such that you’re incompetent and cannot stand trial.
Why?
In some cases, the defendant cannot understand the consequences of certain actions or why they’re being charged with a crime. At the time of the crime, it’s possible that the defendant:
- Couldn’t interpret the law to understand their actions were unlawful
- Mistake facts to believe the actions were acceptable
In many cases, criminal charges against someone with a mental illness who is shown to be incompetent will include: outpatient rehab, inpatient care or a jail-based restoration program.
As your Cypress mental health defense attorney, we’ll examine your case and determine whether competency or an insanity defense offers the potential for the best possible outcome.
How Does Competency to Stand Trial Differ from the Insanity Defense?
Competency to stand trial differs from the insanity defense in a few different ways. In simple terms, competency refers to the defendant’s ability to understand the allegations against them, while insanity refers to the defendant’s mental state at the time the crime was committed.
Competency to Stand Trial
The Supreme Court found that a competent defendant must meet two requirements:
- Have a rational and factual understanding of the proceedings
- Have sufficient ability to consult with an attorney with a reasonable degree of understanding
If the defense can prove that one or both of these requirements aren’t met, incompetency may be a viable defense. Evaluations from mental health experts will play a vital role in proving incompetence.
Defendants who are deemed incompetent to stand trial will face different consequences from competent defendants. For example, the court may recommend that the defendant receive treatment, and proceedings may resume once they are deemed competent. In other cases, the court may suggest a jail-based restoration program.
The Insanity Defense
The insanity defense rests on the argument that the defendant was not of sound mind at the time of the crime and incapable of understanding the true nature of the crime.
Under Texas Penal Code §8.01(a), a defendant may be found Not Guilty by Reason of Insanity if they did not know that their conduct was wrong because of a severe mental defect or disease.
The Texas legal system uses the M’Naughten Test to determine whether the defendant had the mental capacity to understand that their actions were right or wrong when the crime was committed.
The insanity defense must be supported by a preponderance of evidence.
How a Criminal Defense Attorney Can Help with Mental Health Defense
The laws surrounding criminal law and mental health are highly complex and require the expertise of a Cypress mental health defense attorney. There are evidentiary requirements and procedures that must be followed. It is crucial to work with a skilled attorney with experience in this area.
Nathaniel Pitoniak has handled several cases involving mental health defense. He fights tirelessly to protect the rights of his clients and to ensure that they are treated fairly under the law.
Contact the Law Office of Nathaniel Pitoniak today to schedule a consultation.