Georgia Mental Health Criminal Defense Lawyer

Georgia Mental Health Criminal Defense Attorney

Many people are unaware of the role mental health can play in a Georgia criminal case. A Georgia mental health criminal defense lawyer focuses on how mental illness affects criminal responsibility, competency, and sentencing, helping defendants build powerful defenses that demonstrate their current mental conditions and protect their rights.

​The Law Offices of Nellie L. King: Trusted Georgia Criminal​

Attorney Nellie L. King has committed her career to representing and protecting the rights of people who need it most. Offering services in both Florida and Georgia, the Law Offices of Nellie L. King works tirelessly to evaluate the mental health of defendants and advocate for their futures. Nellie L. King’s comprehensive knowledge of local criminal laws, courtroom experience, and extensive accolades allow her to provide superior defense services.

​Is Mental Illness a Valid Defense Under Georgia Law?​

According to the CDC, approximately 19% of U.S. adults, or about 1 in 5, have been told by a healthcare professional that they have a depressive disorder. Additionally, recent research shows that suicide is the second leading cause of death for individuals in the age range of 10 to 24 years old.​

While it’s clear that mental illness is prevalent both throughout the state and the country, Georgia’s criminal defense laws do not treat your mental illness as an automatic defense. Local courts must consider a myriad of elements when determining if a defendant’s mental health played a role in their actions. Courts may also rely on mental health evaluations and expert testimony to determine whether a condition affected intent, understanding, or responsibility.

​Factors that a Georgia court may consider when determining if mental health impacted a case include:

• A violent offense involved impaired judgment due to medications or severe medical conditions.
• An assault was tied to paranoia, delusions, or self-defense.
• A property crime resulted due to disorganized or delusional thinking.
• The case requires a court-ordered psychological evaluation.

If you have questions about mental health in criminal cases, contact Nellie L. King.​

How Georgia Law Treats Mental Illness in Criminal Prosecutions

According to the Georgia Recovery and Peer Support Alliance, an estimated 1,836,000 adults in Georgia have some kind of mental health condition. When considering mental illness, Georgia courts may modify legal outcomes to emphasize that a mental health condition was involved with the charge. One common outcome that does this is “guilty but mentally ill.” This type of conviction still carries penalties, but it also aims to ensure the defendant gets the care they need.​

One large component of determining how mental illness impacts a case includes evaluating the competency of the defendant. Georgia courts must consider whether the defendant was competent while performing the actions that resulted in their criminal charges, as well as whether they are competent to stand trial. To evaluate if someone is competent enough for trial proceedings in Georgia, judges will look at their:​

• Ability to understand court proceedings
• Ability to cooperate and participate with legal counsel
• Mental condition at the time of the offense

Why You Should Hire a Mental Health Criminal Defense Lawyer in Georgia

​Mental health-related criminal cases in Georgia (U.S. state) require an in-depth knowledge of local criminal laws, a comprehensive understanding of mental illnesses and their impacts, and strong litigation experience. Attorney Nellie L. King holds all of these qualities, leveraging them to fight for her clients’ futures and freedoms.​

At the Law Offices of Nellie L. King, we work to secure optimal outcomes for every client who walks through the door. Our lead attorney can obtain professional opinions, assess cases like yours to develop effective defense strategies, and represent you both in and out of the courtroom. Attorney Nellie L. King is a former Assistant State Attorney and served as the President of the Florida Association of Criminal Defense Lawyers (FACDL).

FAQs

Is Mental Illness a Valid Criminal Defense in Georgia?

Yes, mental health issues can play a key role in someone’s defense if they are facing criminal charges in Georgia. For the health issues to be relevant in a criminal case, you must prove that you had the condition at the time of your incident. To prove mental health’s role in a criminal case, courts can order psychological evaluations and speak to professional witnesses. Receiving a diagnosis alone is not always enough evidence for a valid defense.

What Happens When You Are Found Guilty but Mentally Ill in Georgia?

If you are found guilty but mentally ill in the State of Georgia, that means you are criminally responsible for your actions but have a mental illness that the court recognizes. Your sentencing may still include incarceration, but you may have access to treatment, or you may receive a sentencing that involves treatment instead of incarceration. However, it’s important to understand that being found guilty but mentally ill is different from being found not guilty by reason of insanity.

Can a Mentally Disabled Person Be Charged With a Crime in Georgia?

Yes, a mentally disabled person can be charged with a crime in Georgia. Having a mental disability does not immediately prevent someone from being charged. A court first evaluates someone’s competency to stand trial and whether a mental illness affected their intent. The results of that evaluation will determine whether that person goes to trial, and if they do, they may be convicted. You should hire a criminal defense lawyer to fight your charges.

How Do You Prove Someone Is Mentally Unstable in Court in Georgia?

You can prove someone is mentally unstable in court by requesting psychological evaluations, gathering medical records, and calling in expert testimony. A licensed professional can assess a diagnosis and discuss how that condition impacts a defendant’s intent. After that, an experienced Georgia mental health criminal defense attorney can use those results as proof that a client is mentally unstable and build their defense around that fact.

Contact the Law Offices of Nellie L. King Today

The Law Offices of Nellie L. King provides superior criminal defense representation in criminal cases involving mental health issues. We focus on accuracy and evidence-based strategy, using these traits to build powerful defenses on our clients’ behalf. To discuss your specific situation or learn more about our services, contact the Law Offices of Nellie L. King to schedule your consultation today.