Texas Mental Health Criminal Defense Lawyer

Texas Mental Health Criminal Defense Attorney

Navigating the criminal justice system in Texas can be daunting, particularly when a mental health issue is involved. A Texas mental health criminal defense lawyer understands that the law is just one aspect of a complicated situation. At the Law Offices of Nellie L. King, we work with our clients to make sure mental illness is never a blind spot in the justice system.

We believe every criminal case has unique aspects, which we address through competency hearings, mental health diversion requests, and other proceedings as appropriate. Our goal is to make sure the interests of everyone are considered in crafting a resolution that ensures public safety, treatment, and/or rehabilitation.

Hire a Mental Health Criminal Defense Lawyer

Law Offices of Nellie L. King brings proven experience to Texas clients facing criminal charges complicated by mental health concerns. Our reputation is built on skilled courtroom advocacy and personalized attention in highly sensitive cases.

We partner with respected medical professionals to provide compelling evidence that ensures mental health is properly weighed in the justice system. With a record of professionalism, compassion, and rigorous defense strategies, our firm stands ready to protect your rights and future.

Competency Proceedings Under Texas Law

Competency to stand trial is addressed in Texas under Chapter 46B of the Code of Criminal Procedure. If there is a motion or issue raised by the defense or the court regarding the defendant’s ability to understand the proceedings and assist their counsel, the court may order an evaluation of the defendant’s competency to stand trial. I

If a person is found incompetent, the court will suspend the proceedings and order the person to receive treatment until competency is restored. A mental health criminal defense lawyer will see to it that the process is held to the highest standard, that the evaluation of your rights is conducted accordingly, and that any treatment ordered is in line with both the law and psychiatry.

Mental Health Diversion and Specialty Courts in Texas

Texas has developed treatment-based options outside of prison through mental health courts and diversion programs. Texas Government Code Chapter 125 requires counties, particularly those with populations greater than 200,000, to implement or provide a mental health court program.

These courts create a structured program of supervision and an individualized treatment plan as well as provide judicial monitoring, which may lead to reduced punishment or dismissal upon successful completion of the program. There are currently 32 registered adult mental health court programs in Texas as of August 1, 2025. Defense counsel can adeptly navigate the eligibility process for clients and argue for

The Insanity Defense in Texas

In Texas, a defendant may have a valid insanity defense if, at the time of the alleged offense, he or she was too mentally ill to know the difference between right and wrong. The legal concept described here needs to be distinguished from competency to stand trial, which might also affect a criminal defendant. The Texas Penal Code defines the defense of insanity.

When a defendant raises the defense of insanity, they must typically produce a substantial amount of evidence, including expert psychiatric and psychological testimony, medical records, and records of prior treatment. In many cases, juries are reluctant to accept this defense, so it is important to have the case well prepared and to have credible witnesses.

A mental health criminal defense attorney will make sure that the court considers all psychiatric evidence, while also protecting a criminal defendant’s rights.

FAQs

What Is the Difference Between Competency and Insanity in Texas?

The difference between competency and insanity in Texas could have a significant impact on a trial. Competency refers to whether a defendant can understand the trial process and assist their lawyer. Insanity is a question of a defendant’s mental status at the time of the alleged offense. Standing trial competence does not negate the possibility of pleading legal insanity during the offense’s commission. The defense attorney ensures psychiatric evidence receives appropriate and unbiased consideration from the court.

How Do Texas Mental Health Courts Operate?

Mental health courts in Texas emphasize rehabilitation over incarceration. Defendants who are accepted into these programs must adhere to treatment plans, attend counseling, and regularly check in with judges. Compliance can lead to reduced penalties or dismissal of the case. A defense lawyer can help clients get into these courts, present medical evidence that they are eligible, and ensure that they are following the program and receiving the treatment they need to recover.

Can Mental Health History Impact Sentencing in Texas?

In Texas, evidence of a history of mental illness may impact sentencing decisions. Judges have the discretion to consider treatment, probation, or diversion if there is credible medical evidence that links the illness to the alleged behavior.

The defense attorney can work to present a comprehensive picture by obtaining psychiatric evaluations, treatment records, and expert testimony. With effective advocacy, this can lead to outcomes that prioritize rehabilitation over punishment, better serving public safety and the defendant’s long-term well-being.

What Role Do Families Play in Texas Mental Health Defense Cases?

Families play a significant role in mental health defense cases in Texas. They may assist in treatment by providing information about treatment history, background on the defendant’s struggles, and care coordination. In Texas, some judges use family involvement as a factor when making diversion or treatment-based alternative determinations.

A defense attorney partners with family members to build a robust defense and present a humanized version of the client to the court. Their involvement ensures the individual is treated fairly and compassionately.

Texas Mental Health Criminal Defense Lawyer

Facing criminal charges involving mental health issues is a complicated matter. The Law Offices of Nellie L. King is dedicated to standing up for your rights and ensuring that your condition is considered by the Texas courts. We collaborate with your experts and strive to pursue resolutions that focus on treatment rather than punishment.

When your future is on the line, hire a mental health criminal defense lawyer who knows how to fight with both skill and integrity. Book a consultation today.