Gale Law Group
525 Clifford Street
Corpus Christi, TX 78404
361.808.4444

How Mental Health Issues Can Affect a Criminal Defense Case


The state of our mental health can have an impact on choices and the things we do. So if you’re dealing with different mental health issues, it could be a factor if you have been charged with a crime. Some mental conditions can make people more likely to break the law, especially if they’re struggling with long-term substance abuse.  Even if they’re showing signs of improvement, their risk is still higher. In Texas, mental health is a significant factor in criminal defense cases. Your mental state can not only affect how you understand the charges, but it can also affect your ability to help in your defense and make informed choices.

mental health issues in a criminal case

Understanding Mental Health and the Texas Criminal Justice System

Our knowledge of mental health has grown quite a bit. We know that it can have a substantial impact on how someone behaves. If you’re feeling depressed, struggling with addiction, or dealing with bipolar disorder, it can be harder to make good decisions because you can’t get a clear perspective. More serious mental disorders (such as schizophrenia) can also make it hard for someone to control his or her actions.

According to Section 571.003(14) of the Texas Health and Safety Code, a mental illness is considered to be any of the following:

  • An illness, disease, or condition (not including epilepsy, senility, or alcoholism) that can substantially impair someone’s thought, perception of reality, emotional process, or judgment.
  • A condition that grossly impairs behavior.

In criminal defense cases, the prosecution may have to show what the mental state of the accused person was like. Finding out if someone is guilty of a crime or how much that person should be responsible for what he or she did often depends on that person’s mental state.

How Mental Illness Can Affect Criminal Behavior

There are times when having a mental illness can cause someone to break the law, but not everyone with a mental illness is a criminal. Also, not all crimes happen because of a mental illness. If you’re dealing with a mental illness, you should think about how it might have affected what you did. If you have a more severe disorder (such as schizophrenia) and don’t have access to treatment, the court may think it’s a good idea to order it and look at other ways to get you back on track.

Mental Health Defenses in Criminal Cases

In Texas, someone with a mental illness can get a lighter sentence if he or she has been charged with a crime. The court can appoint a “competency evaluator” to see if that person can participate in the trial. If that person believes the defendant to be mentally unstable, he or she may go to a mental health facility or treatment until that person is ready for trial.

According to Section 8.01 of the Texas Penal Code, you can claim that you committed a crime because of a severe mental illness and didn’t know that what you did was wrong. But you must be able to prove it.

Mental health issues can also be a factor in reducing your sentence, and it can be significant factor in plea bargains (which are deals where the defendant pleas guilty in exchange for a a reduced sentence). If you have a mental illness, you might be able to negotiate certain alternatives to incarceration (such as mental health treatment or community supervision).

Texas Law outlines what’s considered to be a criminal responsibility defense, which includes the following:

  • Mental disease or defect that caused the offender to know his or her actions was a crime (often called an “insanity defense”).
  • Mistake of fact, where the offender believed his or her actions were bearable.
  • Mistake of law, where the offender thought his or her actions weren’t against the law.
  • Temporary insanity caused by alcohol, drugs, or other substances.

If you have been accused of a crime, it’s presumed that you’re ready for trial unless it’s proven otherwise. So if you want a mental health defense to work, a professional will have to evaluate you and share his or her findings with the court. The judge or jury will then decide if you’re fit for trial.

If you have been charged with a crime and are looking for a criminal defense attorney to help you with your case, be sure to reach out to Gale Law Group. We have a team of experienced professionals who would be happy to speak with you!

Categories: