California Autism Spectrum Disorder (ASD) Criminal Defense Lawyer

California Autism Spectrum Disorder (ASD) Criminal Defense Attorney

No matter who you are, the criminal justice system can feel terrifying. For individuals with autism, however, the need for unique and experienced legal support only increases. Whether you or your child has autism, you can still be accused of a crime anywhere from Los Angeles to Crescent City. It is crucial that you work with a California autism spectrum disorder (ASD) criminal defense lawyer.

It is, unfortunately, all too common for autistic individuals to be misunderstood by the criminal justice system. These individuals may not have a full understanding of societal norms and the expectations placed on them by others.

This lack of understanding can lead to an increased risk of unintentional criminal behavior. When this happens, the national ASD criminal defense lawyers at the Law Offices of Nellie L. King are here to serve you and your loved ones.

​Trusted Autism Defense from the Law Offices of Nellie L. King

For decades, the attorneys at the Law Offices of Nellie L. King have dedicated their careers to helping folks who face criminal charges and have been diagnosed with ASD. When an individual is autistic, they often require a higher degree of legal support when it comes to mental health criminal defense and need an attorney who understands them.

Our lead attorney has served as the president of the Florida Association of Criminal Defense Lawyers and was presented with the Distinguished Alumnus Award from the University of Mary Washington in Fredericksburg, Virginia.

We hold ourselves to a high level of excellence and are ready to bring that level of excellence to your case or that of your child. We understand the complexities that come with criminal cases against individuals with ASD and are here to help.

Understanding ASD in California

Across the United States, 23% of the adults who have been diagnosed with ASD have had some previous form of contact with the criminal justice system. However, at the Law Offices of Nellie L. King, we do not believe, in any way, shape, or form, that being diagnosed with autism leads to criminal behavior or actions. In fact, 44% of individuals who deal with autism have been victimized by crimes rather than acting as the perpetrator.

However, due to certain aspects of ASD, there is a chance that an individual may be more susceptible to committing certain types of crimes. ASD usually begins showing up in an individual’s childhood. It is important to be aware of the signs of ASD, especially when that individual has been accused of a crime.

Abnormal behavior in individuals with ASD usually presents itself in three areas:

• Social interactions: Individuals who have been diagnosed with autism typically face difficulties when it comes to connecting with their peers.
• Repeated behaviors: Oftentimes, an individual with ASD will have a narrow or repetitive focus on certain behaviors or niche interests, which can border on obsession in some instances.
• Communication skills: Folks who deal with autism may face delays in their speech, a complete lack of verbal communication skills, or a general inability to communicate in an effective manner.

All of these scenarios can harm a person’s ability to defend themselves in a criminal arrest, necessitating an ASD criminal defense lawyer’s intervention.

While having autism does not mean you will commit a crime, it can make you more at risk of acting in a way that is criminal in nature without realizing it. Thankfully, an experienced ASD lawyer can step in and help.

How Autism Can Be Misunderstood in a Criminal Case

It is all too common for individuals in the criminal justice system, including judges and police officers, to misunderstand autism. A law enforcement agent might witness behavior that is perfectly normal for someone who deals with ASD and mistake it for something criminal or suspicious.

These misunderstood actions can include:

• Repeating a question: A law enforcement officer might grow frustrated when an individual with autism needs extra time or explanation when it comes to answering questions.
• Avoiding direct eye contact: Individuals with ASD have a harder time making direct eye contact, especially with authority figures. This can be seen as dishonest, suspicious, or “shifty” by an individual who does not understand the reality of living with autism.
• Speaking flatly: If an individual with autism speaks with a flat or monotone voice, an inexperienced police officer or judge might misread this as being rude, uncaring, or uncooperative.

These generalizations or assumptions are unfair, but they happen every day across the criminal justice system when it comes to arrested individuals with ASD. For these reasons, having an experienced ASD criminal defense lawyer on your side can make all the difference when it comes to protecting your rights and ensuring a favorable case outcome.

How an ASD Criminal Defense Lawyer Can Help

In California, you need an attorney, regardless of whether or not you have actually committed the crime you’ve been arrested for. The criminal justice system often does not understand individuals with ASD, and in the worst of cases, can actually hold an unfair prejudice against them.

An autistic person can be convicted of a crime they did not commit or one they didn’t understand the criminal nature of. If you or a loved one has been arrested for a crime and deals with ASD, you need a lawyer who can take the following actions in your case:

• Help you understand charges. The attorneys at the Law Offices of Nellie L. King can help you understand the charges you’re facing. We can explain all of the potential outcomes and legal options that may be available for your defense.
• Protect your rights. Your attorney can maintain your rights to certain accommodations due to your autism diagnosis.
• Avoid self-incrimination. Having an attorney present can ensure you do not accidentally say something that could further incriminate you.
• Investigate the case. We can then work to review your case, conduct our own investigation, and strengthen the evidence that can poke holes in the prosecution’s case.
• Advocate for you. At the end of the day, our job is to advocate for you. Facing a criminal charge is scary, and can feel hopeless at times without a supportive professional like an attorney.
• Defense strategies. In certain cases, autistic individuals might not realize that law enforcement is acting in a way that violates their rights. If this does happen, an attorney can help prove that the police manipulated or otherwise coerced the individual into performing criminal activity, which might get charges dropped.

At the Law Offices of Nellie L. King, we believe in strong and fierce advocacy for our clients and are here to help you through every step of your case.

FAQs

Can Autism Be Used as a Defense in Criminal Law?

By itself, autism cannot be used as an effective criminal defense. However, there are certain ways in which an ASD diagnosis can be relevant to the defense strategy implemented by your attorney. In a criminal case, the prosecution will need to prove that criminal intent was present when the crime occurred. An ASD diagnosis might help prove a lack of intent, depending on the person and the circumstances of the case.

What Is the Most Common Charge Against Autistic Individuals?

One of the most common criminal charges against individuals with autism across the United States is child pornography. Almost any charge relating to child pornography will be charged as a felony and can come with steep penalties like fines and jail time. ASD individuals may be more likely to commit this crime because they do not understand that it is legally or morally wrong, or they might be socially isolated.

Is Autism Considered a Disability in California?

Yes, autism is considered a disability in California. Autism is considered to be one form of an intellectual disability that is accompanied by certain communication, behavioral, and social challenges.

Autism falls under the Lanterman Act, which works to provide individuals diagnosed with autism certain services and accommodations, sometimes applicable when that individual is accused of a crime. It also provides individuals with additional support to allow them to live independently, if possible.

How Can I Support My ASD Loved One Who Faces Criminal Charges?

To support your ASD loved one who faces criminal charges, prioritize hiring an attorney who is experienced working with clients who have ASD. According to a recent study, one in 31 children who are at least eight years of age has been diagnosed with ASD in the United States. However, it is important to note that ASD does not equate criminal behavior, and your loved one still has legal rights.

Hire an Autism Spectrum Disorder Criminal Defense Lawyer Today

When you or someone you love has been accused of a crime in California and is also diagnosed with ASD, you need to hire an autism spectrum disorder criminal defense lawyer. They can provide individualized and compassionate legal support.

At the Law Offices of Nellie L. King, we are here to alleviate some of the stress. We work to ensure you are defended no matter what. Contact our offices today to learn more and schedule your initial consultation.