New York Mental Health Criminal Defense Lawyer

A significant number of individuals accused of crimes or incarcerated in New York have been diagnosed with a mental illness. According to a 2023 report by the New York City Comptroller, 20% of inmates in New York City jails suffer from a serious mental illness. Navigating the criminal justice system can be overwhelming, especially for individuals with mental health conditions. The intersection of mental health and criminal law requires a careful approach that considers both the legal and medical aspects of the case. In many instances, mental health issues can play a significant role in a person’s actions and decisions, which should be taken into account in legal proceedings. If you or someone you love has been charged with a crime and mental health is a factor, understanding your legal options is critical. Consulting an experienced New York mental health criminal defense lawyer can help ensure that your rights are protected and that you receive the proper legal representation.

Mental health conditions that often arise in criminal defense cases include:

• Schizophrenia: Schizophrenia is a mental health disorder that affects how a person thinks, feels, and behaves. It can cause symptoms such as hallucinations, delusions, and disorganized thinking, which may lead to actions outside the individual’s control. In some cases, these symptoms result in behavior that is misunderstood as intentional or unlawful, potentially leading to criminal charges. For example, in 1999 Kendra Webdale died when she was pushed in front of a New York City subway train by Andrew Goldstein. Goldstein had been diagnosed with schizophrenia. The incident led to the creation of “Kendra’s Law,” which allows court-ordered outpatient treatment for individuals with severe mental health conditions (NBC News, Jan. 5, 2007).
• Bipolar Disorder: Bipolar disorder is characterized by extreme mood swings, including manic episodes of elevated mood and energy, and depressive episodes of low mood and energy. These fluctuations can impair judgment and impulse control, potentially leading to behaviors that result in criminal charges. For instance, during manic phases, individuals may engage in reckless activities without considering the consequences.
• Post-Traumatic Stress Disorder (PTSD): PTSD is a mental health condition that can develop after experiencing or witnessing a traumatic event, such as physical violence, combat, or a severe accident. Common symptoms include flashbacks, hypervigilance, emotional numbness, and difficulty concentrating. These symptoms can significantly impair judgment and behavior, particularly in high-stress situations. For example, someone with PTSD may react impulsively or defensively if they perceive a threat, even if none exists, leading to actions that may result in criminal charges. In the context of a criminal case, PTSD can serve as a factor in understanding a defendant’s mental state and behavior at the time of an alleged crime. Consulting an experienced New York mental health criminal defense lawyer can ensure that PTSD and its effects are appropriately addressed in court to provide a fair and thorough defense.
• Depression: Depression is a mental health condition that can cause persistent feelings of sadness, hopelessness, and a lack of motivation. Severe depressive episodes may impair judgment and lead to behaviors that could result in criminal charges. For instance, someone experiencing depression might act out of desperation or frustration, such as engaging in acts of theft to cope with financial stress or displaying erratic behavior during an emotional crisis. Depression can also lead to impulsivity, substance abuse, or even acts of aggression when combined with other stressors.
• Autism Spectrum Disorder (ASD): Challenges with communication, social interaction, or sensory processing can lead to misunderstandings or actions interpreted as unlawful. When people with autism interact with law enforcement, the situation can quickly become stressful. Words and mannerisms of individuals with autism may be misinterpreted by officers, increasing stress and potentially escalating to a violent confrontation. Some law enforcement agencies and communities have introduced strategies to address this issue. For example, Broome County, New York, has introduced the Blue Envelope Program. This initiative aims to improve interactions between law enforcement and individuals with autism or other developmental disabilities. The program provides a blue envelope containing instructions for both drivers and officers to reduce anxiety during police stops and foster understanding. (Shalon Stevens, Syracuse, Sep. 30, 2024).
• Dementia: Dementia is a condition characterized by a progressive decline in cognitive abilities, including memory, reasoning, and judgment. Individuals with dementia may experience confusion, disorientation, and difficulty understanding the consequences of their actions. This cognitive decline can lead to unintended criminal behavior, such as shoplifting, trespassing, or even aggression during moments of confusion or fear. For example, a person with dementia may forget to pay for an item in a store or wander into a restricted area without realizing it. In some cases, they may act defensively or aggressively due to misinterpreting situations as threatening.
• Traumatic Brain Injury (TBI): TBI is a condition caused by a sudden blow or jolt to the head, leading to damage to the brain. Depending on the severity, TBI can result in significant changes to a person’s cognitive, emotional, and behavioral functioning. Common symptoms include mood swings, impulsivity, impaired judgment, and difficulty processing information. These changes can lead to actions or decisions that result in legal issues. For example, someone with TBI may exhibit aggressive behavior or act without considering the consequences, leading to charges such as assault or theft. In some cases, the individual may not fully understand the nature or consequences of their actions due to the injury. Legal proceedings involving TBI require a thorough understanding of its effects on behavior and decision-making. Consulting an experienced New York mental health criminal defense lawyer can ensure that the influence of TBI is considered in crafting a defense, providing a clearer picture of the individual’s mental state and mitigating circumstances. Proper medical evaluations and expert testimony can also be critical in these cases to explain how the injury impacted the person’s actions.

Understanding the role of these conditions in a criminal case requires both legal and medical expertise. Consulting an experienced New York mental health criminal defense lawyer can help ensure that your condition is properly considered in your defense.

There are several legal options available for individuals with mental health conditions facing criminal charges. These include:

• Pleading Insanity: This defense requires proving that the individual was unable to understand the nature of their actions at the time of the crime. However, having a mental health diagnosis does not automatically mean the legal standard for insanity is met. For example, in People v. Mckinley, 72 A.D.2d 470 (N.Y. App. Div. 1980) the court rejected the insanity defense despite evidence of a mental health diagnosis. The court ruled that the psychiatric testimony did not prove the defendant’s inability to understand the nature of their actions or that they were wrong, as required under New York law.
• Mental Health Court: Mental Health Courts in New York operate under the authority of Criminal Procedure Law § 216. These specialized courts focus on providing treatment and rehabilitation for individuals with mental health conditions who are charged with criminal offenses. The goal is to address the underlying mental health issues contributing to the criminal behavior, offering an alternative to traditional prosecution. Mental Health Courts connect participants to treatment programs, therapy, medication management, and community-based services, with the aim of reducing recidivism and promoting stability. Defendants work with court-appointed teams to follow structured treatment plans and participate in regular progress reviews. In New York City, the Mental Health Court is located at the Brooklyn Criminal Court, 120 Schermerhorn Street, Brooklyn, NY 11201. This court handles cases from across the city, prioritizing rehabilitation over incarceration. Eligibility for Mental Health Court is determined on a case-by-case basis, considering the defendant’s charges, mental health diagnosis, and willingness to engage in treatment. Consulting an experienced New York mental health criminal defense lawyer can help determine if Mental Health Court is an option and advocate for participation, potentially leading to more favorable outcomes focused on recovery and support.
• Sentence Mitigation: Mental health issues can be presented during sentencing to argue for reduced penalties or alternative sentencing.

Each case is unique, and the best approach will depend on the specific circumstances. Consulting an experienced New York mental health criminal defense lawyer can help you explore these options and choose the right path for your case.

A mental health evaluation is often a key component in cases involving mental illness. This evaluation may include:

• Diagnosis: Identifying any mental health conditions that may have contributed to the alleged offense.
• Competency Assessment: Determining whether the individual is competent to stand trial.
• Risk Assessment: Evaluating the likelihood of reoffending and the potential need for treatment or supervision.
• Treatment Recommendations: Providing recommendations for therapy, medication, or other interventions.

The results of a mental health evaluation can play a significant role in shaping the defense strategy. An experienced mental health criminal defense attorney in New York can help coordinate these evaluations and use the findings to strengthen your case.

If you or a loved one is facing criminal charges and mental health issues are involved, consulting an experienced mental health criminal defense attorney serving New York is a critical step. These cases require a comprehensive approach that addresses both legal and medical factors. At Stephen Bilkis & Associates we can provide specialized representation, builds defenses, coordinates evaluations, seeks alternative sentencing, and advocates in court for individuals with mental health conditions facing criminal charges. We are committed to providing compassionate and effective representation to help clients navigate the legal process and achieve the best possible result. Contact us at 800.696.9529 to schedule a free, no-obligation consultation to discuss the details of your situation. We serve clients in Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, and Westchester County.