South Carolina Mental Health Criminal Defense Lawyer

South Carolina Mental Health Criminal Defense Attorney

For criminal defendants struggling with mental health disorders, dealing with police, prosecutors, and judges can feel like a nightmare. A South Carolina mental health criminal defense lawyer knows that most crimes are driven by untreated mental illness, trauma, or underlying neurological conditions.

Mental health problems can impact how a crime was committed, how an individual acted during an arrest, and even whether they can be held legally accountable.

At the Law Offices of Nellie L. King, P.A., we understand the complexities that come with being charged with a crime while having a mental health condition. We can look at the specifics of your case and advocate for your future and your rights during trial and beyond.

​About the Law Offices of Nellie L. King, P.A.

At the Law Offices of Nellie L. King, P.A., our local law firm is committed to protecting your rights when you have been charged with a serious crime. Attorney Nellie L. King has prosecuted thousands of cases over her career and is a nationally recognized leader among criminal defense lawyers.

No matter what charges you are facing in South Carolina State Court, near Charleston County Courthouse located at 100 Broad St, Charleston, SC 29401, or across the state, you need a South Carolina mental health criminal defense attorney who can take the time to investigate your case and stand up for your rights.

How Mental Health Affects a Criminal Case

Mental illness can impact any type of criminal case. If you have been diagnosed with severe depression, bipolar disorder, schizophrenia, PTSD, or suffered a traumatic brain injury, your judgment may have been affected.

Mental health conditions can impact a person’s ability to control their impulses, know the difference between right and wrong, or understand the consequences of their behavior. In some cases, mental illness may be used to explain how and why a crime happened.

In other cases, mental health is not used as a defense to a crime but rather to challenge whether a defendant should be held criminally liable. Many criminal defense cases involve arguing about a defendant’s mental health in one way or another. Common issues include:

• Competency to stand trial
• Diminished capacity
• Insanity
• Sentencing mitigation
• Mental health diversion

To build a strong defense, lawyers frequently work with mental health professionals like psychiatrists and psychologists, plus forensic workers, to get professional insights into the defendant’s mental state.

People with major mental illness are arrested and put in jail about 2 million times a year. About 2 out of 5 people in jail have had mental health problems in the past. This is true for 37% of people in state and federal prisons and 44% of those in local jails.

Mental Health Criminal Defense Laws in South Carolina

Under South Carolina law, a defendant’s mental health can impact whether they are found guilty of a crime. A judge or jury may need to consider whether the defendant was competent or able to understand what they did at the time of the offense.

South Carolina Code § 44‑23‑410 covers competency to stand trial. If, at any point during the criminal process, there is reason to believe that a defendant is incompetent, a judge will schedule a hearing to determine whether they should be placed in treatment until they are deemed competent.

South Carolina Code § 17‑24‑10 is South Carolina’s insanity defense law. This law requires the defense to prove that the defendant was incapable of understanding the difference between moral or legal right and wrong due to mental disease or defect.

These laws, along with several others, come into play in many mental health-related defense cases. An experienced criminal defense lawyer knows how to present evidence of mental illness to the court and meet the burden of proof required by South Carolina law.

Investigating a Mental Health Criminal Defense Case

In some criminal cases, proving that someone has a mental illness may require a comprehensive investigation and documentation. Judges often demand to see copious evidence before they’ll allow a defendant to present evidence related to mental health.

If you suspect that mental health may be a factor in your case, your lawyer may start by gathering any treatment records you have available. Information about your diagnosis, medications, treatment history, and hospitalizations can help demonstrate when and how the condition developed.

Professional witnesses may also assist the court in understanding how mental illness affects cognition and behavior. Your lawyer may have a psychiatrist or forensic psychologist evaluate you and testify at trial.

A comprehensive investigation also necessitates collecting the police report, witness accounts, bodycam videos, and interview transcripts. If you’re dealing with a mental illness, police might have misinterpreted your conduct. Interviewing witnesses and reviewing evidence may uncover facts that change the story.

How Mental Health Can Affect the Outcome of Your Case

Presenting evidence of your mental health condition can play a role at various stages of a criminal case. First, your lawyer may need to establish that you are competent to stand trial. Without the ability to understand what you’re charged with and work with your lawyer to prepare a defense, the court can postpone proceedings until competency is restored.

Second, mental illness can be used to assert an insanity defense or diminished capacity. Although these defenses are hard to prove, they have the potential to change the outcome if your lawyer can support your claim with supporting professional testimony.

Third, your mental health condition can matter at sentencing. Even if you end up convicted of a crime, judges often consider mental health as a factor that supports treatment in lieu of prison.

Each case has unique elements, largely shaped by the specific facts of the accusations. Having an aggressive lawyer who understands how to present mental health evidence can optimize your chances of success.

Hire a Mental Health Criminal Defense Lawyer

When facing criminal charges, you want an attorney who can go above and beyond for you. While criminal law is stressful enough without adding medical concerns, the right mental health criminal defense lawyer can help you understand how to approach your mental health criminal defense case.

In some cases, prosecutors may believe that they are only handling a typical criminal case. The presence of mental illness in a case can often prompt a reevaluation of whether standard criminal procedures are truly fitting. You should not have to handle this legal process alone. Hire a mental health criminal defense lawyer as soon as possible.

FAQs

What Mental Disorders Qualify for the Insanity Defense?

Mental disorders don’t necessarily qualify you for the insanity defense in South Carolina. There’s no list of illnesses that are automatically eligible for the insanity defense. Instead, judges and jurors look at whether or not you suffered from a mental disorder at the time you’re accused of committing a crime.

Many different types of disorders, including schizophrenia, severe bipolar disorder, or psychotic disorder, can lead to an insanity acquittal if you meet the legal test outlined in South Carolina law.

What Are the Four-Four Tests for an Insanity Defense?

The four tests are standards that a court may use to determine whether or not a defendant is criminally responsible for their behavior. The key legal standards for an insanity defense are:

• The M’Naghten test
• The irresistible impulse test
• The Durham rule
• The Model Penal Code

South Carolina generally uses some variation on the M’Naghten standard.

How Do I Prove Someone Is Mentally Unstable in Court?

To prove someone is mentally unstable in court, the courts generally require extensive medical records and professional testimony before a defendant is found incompetent to stand trial.

Mental incompetence is typically proven with the use of psychiatric evaluations, medical history, records of prior hospitalizations, and testimony from a forensic psychologist or psychiatrist. If there is doubt as to the competence of a defendant in South Carolina, the Court typically orders a competency evaluation.

What Is the 3 Month Rule in Mental Health?

There is not really a three-month rule in criminal law. South Carolina has specific timeframes for involuntary commitment. Still, the three-month rule, often mentioned in criminal cases, dictates how long the state has to make a defendant competent before a court hearing is required. An attorney can help clarify whether this notion applies in your case and, if so, how.

The Law Offices of Nellie L. King, P.A. Can Help

Mental illness often raises complex legal issues and questions. It also tends to involve highly sensitive medical matters with life-changing consequences. If you or a loved one is accused of a crime and suffers from a mental illness, you need an attorney who understands your circumstances.

Partnering with a lawyer who has experience in handling serious criminal cases can truly impact your case. Everything your lawyer does, from the initial fact-finding to their courtroom arguments, is crucial. If you are looking to hire a mental health criminal defense lawyer, don’t wait to seek legal advice. You’ll want to work with a lawyer as soon as possible. Contact the Law Offices of Nellie L. King, P.A. right away to get started.