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Last Modified on Aug 02, 2025
Certain mental illnesses can increase an individual’s risk of committing a crime, especially when the individual is not receiving necessary treatment. However, even if this is the case, these individuals still have rights. In the United States, many people will wonder, “What rights do defendants with mental illness have in criminal court?” Just like everyone else facing criminal charges, mentally ill defendants have the right to seek a strategic defense. A skilled mental health defense attorney can provide one.
Your Rights as a Defendant With a Mental Illness
Every year, around two million people with serious mental health issues are booked into jails and prisons. When you are charged with a crime in the United States, you have rights. When you suffer from a mental disorder or illness, you maintain these rights. Your lawyer can make sure your rights are protected and advocated for in a criminal defense case. These rights include:
- The right to remain silent: When you are arrested for a crime, you have the right to remain silent and keep from saying anything that might further incriminate you. Sometimes, law enforcement officers may try to manipulate individuals into waiving this right. Don’t let this happen to you. As soon as you are arrested, remain silent and cooperative, and ask for your lawyer.
- The right to an attorney: Following the aforementioned right, you have the right to speak with an attorney. You deserve an attorney who understands the charges being brought against you, your mental illness, and how it might affect your case.
- The right to a fair trial: In the United States, you have the right to a fair trial. If you are deemed to be incompetent to stand trial, your lawyer has the right to advocate for treatment for your mental health condition, rather than just unnecessary and unhelpful penalties, like incarceration.
- The right to be informed of your charges: To be charged with a crime, a person must be informed of and understand the charges being brought against them. If a defendant cannot understand their charges, they may not be competent enough to stand trial, and an attorney can use this in their defense.
As the defendant, if you suffer from mental health issues, it is crucial that you hire an attorney to safeguard your rights. Having an attorney on your side can make sure that these rights and others are advocated for and offered the protection afforded to them under the U.S. Constitution.
Mental Illness Defense in Criminal Cases
In some U.S. criminal cases, an individual could use their mental illness as a defense. Keep in mind, however, that this defense works differently from an insanity defense.
Roughly 24% of inmates in jails around the country suffer from some kind of psychotic disorder, showing just how strong the need for mental health defense strategies truly is. This defense can be enacted in two main ways:
- You may not have been in the right mental state when the crime was allegedly being committed. Therefore, you cannot be held criminally responsible.
- You are not competent enough to stand trial.
You Can Trust the Law Offices of Nellie L. King
For the last several decades, the team at the Law Offices of Nellie L. King has been defending clients across the United States who suffer various mental health conditions and illnesses. We understand that these are difficult times, and it is only natural that you and your loved ones are feeling worried about your future. Let our mental health defense firm fight to assert your rights, no matter what charges you’re facing.
FAQs
What Mental Illnesses Can Be Involved in a Criminal Case?
Many types of mental illnesses may be involved in a criminal case, and mental health defense laws allow several to be used in your defense. These include:
Can I Use an Insanity Defense in Criminal Court?
Yes, though in most felony cases, the insanity defense is only used 1% of the time. Even in these cases, it is only successful around 25% of the time. When you are accused of a crime, you will be presumed sane, and it will be up to your attorney to prove that you are mentally insane or incompetent.
What Are the Four Mental States of Criminal Responsibility?
For the court to determine whether a defendant understands their criminal actions and the consequences thereof, they will need to examine the defendant’s mental state. The four mental states of criminal responsibility include:
- Intent: They meant to commit the crime.
- Knowledge of the outcome: They were aware of their actions and the results.
- Recklessness: They understood that their actions could lead to harm.
- Negligence: They failed to act with a standard of care toward others.
How Can a Mental Health Defense Lawyer Help?
In the United States, a national mental health defense lawyer can offer legal representation to clients who find themselves in mental health defense cases. They understand how these conditions, like PTSD or bipolar disorder, can affect behavior or criminal intent. Your lawyer can work closely with mental health professionals to preserve your rights and fight for treatment over incarceration.
Hire a Mental Health Defense Lawyer From the Law Offices of Nellie L. King Today
If you or a loved one is facing criminal charges and suffers from a mental health disorder, it is imperative that you hire a mental health defense lawyer as soon as possible.
At the Law Offices of Nellie L. King, our team has extensive experience with a wide variety of mental health defense cases. We can evaluate your case and explain your rights under the law. If you are not competent to stand a trial, we could use this in your defense. Contact our offices today to learn more about how we can help and to schedule a consultation.
