California Mental Health Criminal Defense Lawyer

California Mental Health Criminal Defense Attorney

If you or someone you love has a mental illness and is being charged with a criminal offense, it’s essential that you contact a California mental health criminal defense lawyer to help you. Mental health attorneys are criminal lawyers who also have an in-depth understanding of psychiatric disorders, treatments, and how the illness can impact the facts of your case.

Your lawyer should be able to effectively negotiate for a lesser sentencing, alternative sentencing, a drug diversion program, or a judge or jury to consider an expert witness’s opinion as to the issue of diminished capacity or lack of competency.

At the Law Offices of Nellie L. King, we are not only knowledgeable in criminal law but also take the time to understand how your condition may impact your case and protect your rights. You need an advocate who can go to bat for you and fight tirelessly to protect your rights and your medical history.

Hire a Mental Health Criminal Defense Lawyer

At the Law Offices of Nellie L. King, we combine extensive criminal defense experience with deep knowledge of California’s mental health laws. Our firm is recognized for handling complex cases where psychiatric issues intersect with criminal charges.

By working with trusted medical experts and leveraging our trial skills, we build defenses rooted in compassion and credibility. Clients rely on us for strong advocacy, fair treatment, and strategies that reflect both legal and clinical realities.

Competency to Stand Trial in California

California law mandates that defendants are competent to stand trial, they are aware of the proceedings, and able to assist in their own defense. If there is any question, the court must order a competency evaluation, per California Penal Code § 1368 and Rule 4.130.

The Department of State Hospitals developed Community-Based Restoration (CBR) and jail-based competency treatment programs to decrease competency restoration backlogs, providing defendants care while they await trial. These programs offer treatment as opposed to punishment and promote a more equitable process.

California’s Mental Health Diversion Programs

Under California Penal Code § 1001.36, mental health diversion lets defendants receive treatment instead of jail time. The program is available for a period of up to two years for felony offenses and up to one year for misdemeanor offenses. If defendants successfully complete the program, the charges may be dismissed.

In a statewide survey, 85% of California counties (44 of 52) reported operating at least one type of mental health diversion program. These developments reflect a growing understanding that rehabilitation, rather than prison, is the more effective and fairer path for many defendants.

The Insanity Defense and Mental Health Courts

Insanity defenses are an option for Defendants in California who, because of a mental disorder, were either unaware of the nature of their conduct or unable to differentiate right from wrong. Insanity defenses require a substantial amount of psychiatric evidence and are difficult to substantiate.

In addition to insanity defenses, 41 of California’s 58 counties currently have adult mental health courts. Mental health courts offer an alternative to traditional prosecution with a treatment-focused approach and continued judicial supervision. These courts provide ways to reduce recidivism by treating the underlying cause of criminal behavior in constructive and accountable ways.

FAQs

How Does Expert Testimony Help in California Mental Health Defense Cases?

Expert testimony can help in mental health defense cases in California by allowing courts to connect mental illness to behavior and decision-making. Psychologists or psychiatrists explain how conditions affect responsibility, intent, and competency.

A defense lawyer partners with credible experts to present this testimony clearly, supporting arguments for treatment or alternatives to incarceration. This ensures judges and juries see the whole picture, giving mental health the weight it deserves in building a fair and effective defense.

What Happens If Mental Health Issues Are Ignored in A Criminal Case?

If mental health issues are ignored in a criminal case, the result could be devastating to the defendant. Without it, a court may not consider the role of illness in the alleged behavior and instead focus only on punishment. A criminal defense attorney can present medical records, assessments, and expert testimony as evidence of the impact of mental health. Properly accounted for, mental health issues can lead to defendants being more likely to receive treatment options.

Can A Mental Health Condition Reduce Criminal Penalties in California?

Mental health issues are sometimes a mitigating factor in a sentence that could reduce criminal penalties in California. Treatment may be a more appropriate and effective response than incarceration in jail or prison. Reduced penalties, probation, or alternative treatment programs are sometimes available if the defense can credibly present medical evidence for the condition.

Defense lawyers push for alternative sentencing when mental health issues are connected to criminal behavior because justice needs to balance rehabilitation opportunities.

How Do Families Support Loved Ones Facing Criminal Charges and Mental Illness?

Families can support a loved one facing criminal charges and mental illness by offering history, treatment records, or contextual information that will help the court understand the defendant’s struggles. Families can provide support during the arduous legal process. The defense attorney might work with families to help prepare for a hearing or coordinate care. Collaborating with attorneys on a defense strategy makes for a better case by humanizing the defendant behind the charges.

What Is California Penal Code § 1001.36?

Under California Penal Code § 1001.36, certain defendants have the option to request diversion into mental health treatment programs. This pretrial diversion can be granted for up to one year for misdemeanors and two years for felonies. The charges may be dismissed if the treatment program is completed.

California’s legislature demonstrates through this statute its dedication to mental health rehabilitation and provides defendants with therapeutic options, along with the chance to prevent lasting consequences from criminal convictions.

California Mental Health Criminal Defense Lawyer

Facing criminal charges while managing a mental health condition can feel overwhelming, but you do not have to navigate it alone. At the Law Offices of Nellie L. King, we know it is important to stand up for your rights and make sure that the court system takes your medical issues into account.

We are experienced, compassionate, and strategic, and we can work hard to fight for a just result. When your future is at stake, hire a mental health criminal defense lawyer who can fight with dedication and integrity. Book a consultation today.