For 15+ years, we’ve helped clients build strong mental health defenses that lead to the best possible outcomes in their cases. As your Katy mental health defense attorney, we’ll fight on your behalf to:
- Show that mental health issues may have led to your behavior
- Interpret Texas Mental Health laws and use legislation to your advantage
- Build a strong defense on your behalf
Severe psychiatric issues, where treatment isn’t sought or followed, increase the risk of acts of violence.
We’ll fight on your behalf to demonstrate that your actions were based on either incompetence or mental health disorder. You may be unfit to stand trial, or in rare cases, you may not be legally responsible for the crimes.
Call us to schedule a consultation and discuss your case.
How Long Does It Take to Build a Strong Mental Health Defense Strategy?
Your case and the circumstances involved are unique. We’ve helped clients across Katy achieve the best results possible in their cases, and one thing we know is that strong defenses take time.
We need to:
- Examine the facts
- Discuss your mental health with professionals
- Gather evidence to prove your claim
Mental health claims require diligence and evidence to prove. During our consultation, we’ll discuss the road ahead and the steps we’ll take to build your defense.
A successful defense requires a “preponderance of evidence,” meaning that there’s more than a 50% chance the claim is true. We’re ready to go through the arduous process ahead, follow complex procedures and defend you to the full extent of the law.
What Types of Mental Health Defenses Can Be Built?
Texas State Courts understand that in some criminal cases, a person’s mental health may have influenced their actions. A Katy mental health defense attorney has two defenses that they can build:
- Incompetency
- Insanity
Proving incompetence requires us to show that the defendant is mentally unfit to stand trial. Competency relies on the defendant being able to:
- Consult with their attorney with a “reasonable” understanding.
- Understand the case against them.
One of these factors must be proven to show incompetency. Mental health experts must be involved for this defense to be successful.
An insanity defense is based on the law assuming that the defendant is aware and capable of knowing what legal and illegal behavior is. If a mental health issue impacts you in such a way that you don’t know that your actions were wrong, an insanity defense may be a good option.
Can A Mental Health Defense Attorney in Katy, TX Assist with Involuntary Commitment Proceedings?
Under the Texas Health and Safety Code, a person may be committed if:
- They have a severe mental illness
- They are a danger to themselves
- They are unable to care for themselves
The process typically follows four steps:
- Petition: Proceedings begin when someone files a petition with the court. Petitions can be filed by family members, law enforcement or healthcare providers.
- Exam: A mental health professional will then perform an evaluation to determine whether the individual meets the criteria for involuntary commitment.
- Hearing: Next, there will be a hearing in front of a judge to determine whether the individual meets the criteria for involuntary commitment. The individual in question will have a right to an attorney and may contest the petition.
- Treatment: If the court orders involuntary commitment, the individual will likely be hospitalized and treated for a period of time.
Involuntary commitment is a serious step and should be considered only when all other options have been exhausted or the individual poses a risk to themselves or others. An attorney can guide you through the process, whether you need to defend against involuntary commitment or pursue proceedings to help a loved one facing a mental health crisis.
Will My Mental Health Defense Attorney Communicate with Mental Health Professionals on My Behalf?
Mental health professionals will likely play an integral role in building your defense. With your consent, your attorney can communicate with these professionals on your behalf.
Your attorney will discuss the process with you and your rights.
Mental health evaluations are crucial to the court’s decision-making process. In Texas, the court can appoint a competency evaluator to determine whether a defendant can participate in a trial. If the defendant is deemed incompetent, they may be sent to a treatment facility until they are competent enough to stand trial.
Medical evaluations and diagnoses can be complex. To work towards a favorable outcome, defendants, their attorneys and mental health professionals should work together.
How The Law Office of Nathaniel Pitoniak Can Help with Mental Health Defense
Raising a mental health defense requires the skill and expertise of an attorney with experience in this nuanced and complex area of the law.
Attorney Nathaniel Pitoniak has extensive experience litigating cases involving mental health defense. He fights tirelessly to protect the rights of his clients and ensure they are treated justly in the eyes of the law.
Contact our office today to schedule an initial consultation.
