Depending on type and severity, mental illness can be debilitating and cause individuals to act in ways they might not otherwise. This is especially true if the onset of a mental illness is sudden or unexpected. Domestic violence is a crime, but sometimes there are extenuating circumstances, especially if someone is in the throes of a mental crisis. Understanding how and when mental illness is applicable in relation to a domestic violence case shows how this approach may be used as a possible defense.
Can You Use Diminished Capacity as a Possible Domestic Violence Defense?
One of the ways that mental illness can be used as a defense in domestic violence cases is through arguing for diminished capacity consideration. Diminished capacity is characterized by a lack of mental capacity to have the intent to commit a crime. In domestic violence cases, this may be exemplified as someone with an acute mental condition or a situation that surpasses the ability to use logic and reason in decision-making.
An example of this would be the classic crime of passion situation: one partner catches the other in an intimate encounter with a third party and initiates a violent act due to this finding. At that moment, they are stunned into a state of extreme emotion and may not think clearly or rationally. This is an example of a case in which mental illness, acute in that moment, may stand as a defense.
What to Consider When Using Mental Illness as a Defense in a Domestic Violence Case
While it is possible to use mental illness via diminished capacity in a domestic violence case, it is not easy to successfully do so. This is one of the reasons it is imperative to have a qualified criminal defense attorney on your side to make the case on your behalf. Domestic violence charges can be intimidating and require a legal professional with a clear understanding of mental illness’s role in those behaviors that might play into a domestic conflict.
It also helps to have a criminal defense lawyer prepared to go to trial and argue on your behalf that your mental illness is a factor in your behavior during the incident. You need someone to be an advocate with your best interests at the forefront through every step of the process.
Work with an Experienced Criminal Defense Attorney on Your Domestic Violence Case
Implementing a mental illness diagnosis into a domestic violence case is a process that requires careful consideration from a legal perspective. It is imperative that it be done in a way that underscores the lack of control and clarity required to have knowingly and purposely committed a domestic violence offense. Criminal Defense Attorney Brian Gabriel has spent more than 30 years helping those with mental illness defend themselves against domestic violence charges that occurred when they were not of sound mind. He will handle your case using all the knowledge and skill developed over the span of his career.
Schedule a free consultation today by calling The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.