Mental Health Criminal Defense in San Fernando, LA

Mental health is an important factor in criminal cases. Courts are increasingly recognizing how mental health conditions affect behavior, decision-making, and accountability. In California, legal protections exist for individuals with severe mental health disorders. From diversion programs to competency hearings and sentencing considerations, the California law provides several pathways for individuals whose mental health plays a role in their legal situation.

Under California’s mental health diversion statute, some defendants may receive treatment instead of facing the standard criminal charges. Successful completion of a supervised treatment program may spare qualified individuals from prosecution under Penal Code §1001.36.

To qualify, a defendant must:

1. Have a diagnosed mental health condition that played a role in the offense.

2. Be willing to participate in treatment.

3. Not pose a serious threat to public safety.

In addition to general mental health diversion programs, there is a specialized diversion program for veterans with mental health disorders. It is a program that is aimed at those with PTSD, traumatic brain injury, or any other service-connected mental health issues.

Military diversion offers counseling, drug abuse services, and other forms of support. Similar to standard mental health diversion, successful completion results in case dismissal. Mental health lawyers are essential in these cases to ensure that the defendant’s rights are upheld.

Not all people who are charged with a crime have the mental capacity to stand trial. Penal Code §1368 deals with situations in which a defendant’s mental illness prevents them from understanding the proceedings or from participating in their own defense. A defendant is deemed incompetent if they cannot understand the charges against them or assist in their own defense due to mental illness or defect.

When competency is challenged, the court follows a structured process:

1. Judge Raises Concern – If there’s evidence of mental instability, the judge orders an evaluation.

2. Mental Health Assessment – A mental health expert determines whether the defendant understands the legal process.

3. Competency Hearing – Both the defense and prosecution present evidence. The judge makes a ruling.

4. Treatment or Trial – If found competent, the case moves forward. If not, the defendant undergoes treatment until competency is restored.

Competency evaluations do not determine guilt or innocence. They simply establish whether the defendant can fairly participate in their trial.

The legal standard for an insanity plea is typically based on whether the defendant was suffering from a severe mental illness at the time of the offense. Under the M’Naghten Rule (commonly used in California), a defendant may be considered legally insane if they cannot understand the nature of their actions or cannot distinguish right from wrong due to their mental condition.

If a defendant successfully pleads insanity, they are committed to a mental institution for treatment. The duration of commitment depends on ongoing psychiatric evaluations. If the defense is rejected, the defendant faces regular criminal proceedings.

Mental health conditions can influence sentencing. Judges may reduce penalties if a defendant’s mental illness plays a role in the crime. Factors that may support a reduced sentence include:

1. A history of documented mental illness.

2. Evidence that the condition impaired judgment.

3. A treatment plan that offers an alternative to incarceration.

Defense attorneys work to demonstrate that mental health in jails or in the defendant’s personal history contributed to the offense and that rehabilitation, rather than punishment, is the best course of action.

California courts recognize that jail is not always the best solution for individuals with mental illness. Alternative sentencing options include:

1. Mental health court programs – Structured treatment instead of jail time.

2. Supervised probation with treatment – Allowing defendants to remain in the community while receiving care.

In the prison system, many people with mental illnesses in prisons face difficulties. Prisons and jails frequently lack adequate psychiatric care, which makes mental health in prisons a serious concern. Typical difficulties include:

1. Limited access to medication and therapy.

2. Risk of solitary confinement for those with behavioral issues.

3. Inconsistent or inadequate treatment programs.

A mental health lawyer can advocate for an inmate’s right to medical care and petition for transfers to mental health facilities if needed. Mental health in prisons must be addressed to ensure that individuals are not neglected or subjected to harsh conditions that worsen their mental health.

If an individual’s mental health deteriorates while incarcerated, legal options may be available:

1. Compassionate release for those with severe mental illness.

2. Sentence modifications if treatment was not considered at sentencing.

3. Medical parole for those unable to care for themselves in a prison setting.

Courts may reconsider a sentence if new psychiatric evidence emerges.

The attorneys at DCD LAW have extensive experience handling cases where mental illness plays a role, whether through diversion programs, competency hearings, or sentencing mitigation. We work closely with mental health professionals to build strong, informed cases that prioritize the well-being of our clients while ensuring fair legal outcomes.

At DCD LAW, we provide full support throughout the legal process, including working with mental health experts to ensure that defendants receive appropriate treatment and care. We also assist families in navigating the complexities of the justice system, helping them understand their loved one’s rights and options.