Mental Health as a Mitigating Factor in Illinois Criminal Law

 Posted on September 30,2024 in Criminal Defense

Anytime anyone faces criminal charges, the courts generally try to get a detailed understanding of who the person is, including his background, his motives for committing the crime, the severity of the crime, and whether the person has shown remorse for his actions. Anything that could make a court decide to give someone a lesser punishment than usual for a certain crime is called a mitigating factor.  

As America slowly gains awareness of mental health issues and how they can affect people’s behavior, they are increasingly being considered a mitigating factor that can impact sentencing. If you are facing criminal charges as well as underlying mental health issues, speak with an experienced Kane County, IL defense attorney to understand your options.

The Impact of Mental Health Issues on a Criminal Case

Mental health issues can affect sentencing in a criminal case in three main ways:

• Mental incapacity: If the defense can demonstrate that the defendant cannot understand the charges or contribute to his own defense, the defense can argue that the defendant is not competent to stand trial. Sometimes, a condition is considered permanent, and other directions must be examined. Other times, the court might send the defendant to receive treatment, planning to resume the case once he is considered competent to stand trial.

• Pleading insanity: The defense can try to demonstrate that the defendant’s mental health condition made him unable to distinguish between right and wrong at the time of the alleged crime. In such a case, the defendant may be able to plead insanity, and there might not be a trial. 

• Mitigating factors: Even if the defendant is considered capable and sane enough for there to be a trial, mental health conditions can still be mitigating factors. Even if the defendant is found guilty, the sentence could be reduced. It could also mean that instead of a prison sentence, the defendant might be sent to a treatment facility or diversion program.

Of course, a defendant’s word alone is not enough to convince a court that mental health issues played any role. Generally, psychologists or psychiatrists can be called to the stand to speak under oath about whether someone is capable of understanding his actions, feeling remorse, or distinguishing right from wrong. Other character witnesses might also be called to speak about the defendant’s personality and typical behavior.

Schedule a Free Consultation with an Elgin, IL Criminal Defense Lawyer

If you are trying to prove that your mental health condition was responsible for your alleged criminal actions, a knowledgeable Aurora, IL criminal defense attorney can help. At The Law Office of Brian J. Mirandola we are dedicated to helping all our clients regardless of the charges, and we will fight so you will not be held accountable for something that an illness is responsible for. Call us at 847-488-0889 to schedule a free consultation.