Can My Mental Illness Help My Criminal Defense Case?

 Posted on October 30, 2024 in Criminal Defense

When someone is convicted of a crime, Illinois courts tend to take many factors into consideration when determining the specific charges and penalties. Judges examine whether there are any mitigating circumstances, or factors that might convince them to hand down a more lenient punishment than usual. These can include the defendant’s background and motives, whether he or she has shown remorse, the severity of the crime in question, and other relevant issues.

In recent years, as awareness of the impact of mental health on behavior has increased, mental illness has been included in the list of mitigating factors considered by judges when determining a sentence. While a history of psychological impairments does not mean a defendant’s charges are dropped, it can make a significant difference in the penalties he or she might face. If you have suffered from mental health issues and are facing criminal charges, contact an accomplished Cook County, IL criminal defense attorney to discuss how best to proceed.

How Can Mental Health Issues Affect Sentencing?

There are three main ways that mental health issues can be incorporated into a criminal defense strategy:

• They can be claimed as a mitigating factor. A defendant who is deemed capable of standing trial can still have mental health conditions that could be considered mitigating factors for sentencing. That means he or she can be found guilty of the crime in question but might be sentenced to a more lenient penalty than is generally associated with that crime or even sent to a diversion program or treatment facility instead of imprisonment.
• They can be used to demonstrate mental incapacity. If the mental health issues are severe enough to stop a defendant from being able to understand the charges they are facing or aid in their defense, it can be argued that they are unfit to stand trial. This might lead to the defendant being sent to a treatment program, with plans for the trial to resume once treatment is complete, or it might result in the case being dismissed.
• They could be enough for pleading insanity. This defense strategy does not impact whether the defendant is considered fit to stand trial but instead refers to his or her mental state at the time of the crime in question. It means that when the crime was carried out, even if the defendant was the person who committed it, he or she was unable to tell the difference between right and wrong and should not now be held accountable for actions taken then. This does not generally mean a case will be dismissed but it increases the likelihood of a different outcome of the case. Typically a defendant who is deemed insane, at least at the time of the crime, will be sent for treatment rather than punishment. 

How Can I Prove That I Suffer from Mental Health Issues?

When a defendant claims that they have mental health issues that make a criminal case irrelevant, the court will want to hear from several people about this. Often, character witnesses are called on to discuss the defendant’s typical personality and how the mental illness impacts the defendant’s life. Experts like psychologists or psychiatrists are also called on to testify under oath about the defendant’s mental health, at the time of the crime and during the trial. They are sworn in and discuss the defendant’s mental state and whether they can understand their actions, distinguish between right and wrong, and feel remorse.

Schedule a Free Consultation with a Cook County, IL Criminal Defense Attorney

If you are facing criminal charges, contact a reliable Chicago, IL criminal defense lawyer to understand how your mental health can impact your case. It can be confusing and overwhelming navigating the justice system while suffering from mental health issues, but this is not something you need to handle on your own. At 312-627-9482, we pride ourselves on pursuing aggressive defense strategies to protect our clients’ rights. Call us at 312-627-9482 to schedule a free consultation.