New York Psychiatric Criminal Defense Lawyer

For individuals accused of a crime, mental health issues can significantly impact their cases. A defense in such situations requires a tailored approach that considers the accused person’s mental state and the legal implications of their condition. Psychiatric disorders such as schizophrenia, bipolar disorder, depression, and post-traumatic stress disorder (PTSD) can affect behavior and decision-making, sometimes leading to actions that result in criminal charges. If you or someone you care about has been charged with a crime and has a psychiatric condition, consulting an experienced New York psychiatric criminal defense lawyer is vital to ensure the case is handled appropriately.

Psychiatric conditions can affect an individual’s understanding of their actions and the consequences of those actions. In many cases, these conditions may impact the outcome of legal proceedings. Common defenses related to psychiatric conditions include:

• Insanity Defense: The insanity defense is a legal strategy that argues a defendant was unable to understand the nature or wrongfulness of their actions due to a mental illness at the time of the alleged offense. In New York, this defense is governed by New York Penal Law § 40.15, which states that a person is not criminally responsible if, as a result of a mental disease or defect, they lacked substantial capacity to know or appreciate either the nature and consequences of their conduct or that such conduct was wrong. This defense focuses on the defendant’s mental state at the time of the offense and requires evidence, such as psychiatric evaluations and expert testimony, to establish the presence of a qualifying mental illness or defect. If successful, a verdict of "not guilty by reason of mental disease or defect" may lead to mandatory treatment in a psychiatric facility instead of incarceration. For example, on January 3,1999 Andrew Goldstein, 29 and diagnosed with schizophrenia but off medication, pushed Kendra Webdale into the path of an oncoming N train at the 23rd Street station. He was charged with second degree murde. His attorney used the insanity defense. Eventually Webdale plead to manslaughter. See People v. Goldstein, 2005 N.Y. Slip Op. 9654 (N.Y. 2005). Note that the burden of proof for an insanity defense lies with the defense, which must demonstrate the defendant’s mental incapacity by a preponderance of the evidence. Expert testimony is critical in meeting this standard, as it provides the court or jury with a detailed understanding of the defendant’s mental state and its impact on their actions. Consulting an experienced New York psychiatric criminal defense lawyer is vital for building a strong insanity defense, ensuring compliance with legal requirements, and presenting the necessary evidence effectively.
• Competency to Stand Trial: Competency to stand trial is a legal concept that ensures a defendant can meaningfully participate in their defense and understand the legal proceedings against them. In New York, this issue is governed by New York Criminal Procedure Law § 730.10, which states that a defendant is incompetent to stand trial if, as a result of a mental disease or defect, they lack the capacity to understand the nature of the proceedings against them or to assist in their own defense. When competency is questioned, the court may order a psychiatric evaluation to determine the defendant's mental state. If the defendant is found incompetent, the trial is delayed, and the individual may be committed to a psychiatric facility for treatment until they are restored to competency. In People v. Tortorici, 92 N.Y.2d 757 (1999), the Ralph Tororici held students hostage at SUNY Albany in December 1994, armed with a rifle, hunting knife, and ammunition. Believing he was the victim of a government experiment, the defendant fired his weapon, injuring two students before being subdued. Initially found unfit to stand trial under CPL § 730.30, he was diagnosed with alcohol abuse, cocaine-induced psychotic disorder with delusions, and paranoid personality disorder and was committed to Mid-Hudson Psychiatric Center. After treatment, he was deemed fit for trial and later waived his right to be present during proceedings. The jury convicted him on multiple charges.
• Diminished Capacity: While not a complete defense, this argument seeks to reduce the defendant’s culpability by demonstrating their mental state impaired their intent. Unlike the insanity defense, diminished capacity does not absolve the defendant of responsibility but may result in reduced charges or penalties. In New York, diminished capacity is not a standalone defense but can be introduced as evidence to negate specific intent or establish mitigating circumstances. Under New York Penal Law § 40.15, evidence of a mental disease or defect may be introduced to show that the defendant lacked the intent or mental state required for the charged crime. This is particularly relevant in cases involving charges that require premeditation, intent, or deliberation. If the defense is successful, charges may be reduced—for example, from first-degree murder, which requires intent, to second-degree manslaughter, which does not.
• Mitigating Factors in Sentencing: Mitigating factors in sentencing are circumstances that may lessen the severity of a sentence by providing context for the defendant’s actions. These factors do not absolve guilt but are considered by the court to determine a fair and proportionate punishment. In New York, mitigating factors can include mental illness, lack of prior criminal history, remorse, cooperation with authorities, and other circumstances that demonstrate reduced culpability or likelihood of reoffending. Under Criminal Procedure Law § 390.30, courts have discretion to consider mitigating factors during sentencing. Presentence investigations and reports, psychiatric evaluations, and character references are often used to present such factors to the court.

Understanding how psychiatric conditions affect behavior and legal responsibility is critical. Consulting an experienced New York psychiatric criminal defense lawyer ensures these factors are effectively considered in your case.

Several psychiatric disorders frequently arise in criminal defense cases. These include:

• Schizophrenia: A disorder that can cause hallucinations, delusions, and disorganized thinking, potentially leading to actions outside the individual’s control. Ralph Tororici was diagnosed with a number of psychiatric disorders, include schizophrenia. See Grondahl, Paul. "20 Years After Ralph Tortorici Took Class Hostage at UAlbany." Times Union, updated December 17, 2014, 11:04 a.m.
• Bipolar Disorder: Extreme mood swings may influence decision-making and behavior, sometimes resulting in impulsive or reckless actions.
• Depression: Severe depressive episodes can impair judgment and lead to actions such as self-harm or criminal behavior during moments of despair.
• Post-Traumatic Stress Disorder (PTSD): Trauma-related symptoms may cause hypervigilance, impulsive reactions, or difficulty distinguishing safe situations from threatening ones.
• Traumatic Brain Injury (TBI): Brain injuries can result in mood swings, aggression, or impaired reasoning, which can influence behavior and lead to legal trouble.

Defendants with psychiatric conditions have several legal options depending on the circumstances of their case:

• Mental Health Court: Mental Health Courts are specialized courts designed to address the unique needs of defendants with mental health conditions. These courts focus on treatment and rehabilitation rather than traditional prosecution, aiming to reduce recidivism and promote stability. Defendants voluntarily participate in structured programs that include therapy, medication management, and regular court monitoring. In New York, the authority for these courts is derived from Criminal Procedure Law § 216, which allows for alternative solutions in cases involving eligible defendants. Mental Health Courts operate in jurisdictions like Brooklyn and the Bronx, where defendants receive individualized treatment plans under judicial supervision. Successful completion of these programs can lead to reduced or dismissed charges, emphasizing recovery over punishment.
• Diversion Programs: Diversion programs redirect defendants with mental health conditions away from the criminal justice system and into treatment programs. These programs aim to address the root causes of criminal behavior by providing psychiatric care, counseling, and support services. In New York, diversion programs often operate under the guidance of Mental Health Courts or as part of plea agreements. Criminal Procedure Law § 216.05 outlines eligibility criteria for diversion, such as the nature of the offense and the defendant’s willingness to participate in treatment. Successful completion of a diversion program may result in reduced charges or case dismissal, making it a valuable alternative for defendants with treatable mental health issues.
• Alternative Sentencing: Sentences may include treatment programs, community service, or probation instead of jail time.
• Not Guilty by Reason of Insanity: If successful, this plea results in treatment in a psychiatric facility rather than a prison sentence.

Navigating these legal options requires specialized knowledge. Consulting an psychiatric criminal defense attorney in New York can help determine the best strategy for your case.

Developing a defense in cases involving psychiatric conditions involves several steps:

• Mental Health Evaluation: A comprehensive psychiatric evaluation assesses the defendant’s mental health condition to understand its impact on their behavior at the time of the alleged offense. This evaluation may include interviews, psychological testing, and review of the defendant’s medical history. The findings help determine whether the defendant meets criteria for defenses such as insanity or diminished capacity under New York Penal Law § 40.15. Additionally, evaluations can address competency to stand trial under Criminal Procedure Law § 730.30, ensuring the defendant has the capacity to understand the legal proceedings and assist in their defense. These evaluations are critical for establishing a factual basis for mental health defenses and advocating for treatment-based resolutions.
• Expert Testimony: Mental health professionals, such as psychiatrists or psychologists, provide expert testimony to explain the defendant’s condition and how it influenced their behavior. This testimony can support arguments for diminished capacity, mitigating factors in sentencing, or the insanity defense. Experts may also testify about the defendant’s competency to stand trial. Their role is to provide objective, evidence-based insights into the defendant’s mental state, helping the court or jury understand complex psychological issues. In New York, the admissibility of expert testimony is governed by rules of evidence, such as CPLR § 4515, which allows qualified experts to offer opinions within their field of expertise.
• Review of Medical Records: Medical records, including past diagnoses, treatment history, and hospitalization records, are critical in building a defense involving mental health issues. These records can corroborate the defendant’s claims of a psychiatric condition and demonstrate a history of symptoms that may have influenced their behavior. Records may also show whether the defendant was under the care of a mental health professional or receiving treatment at the time of the alleged offense. Under CPLR § 3121, parties in a legal case can request disclosure of medical records, provided the court finds them relevant to the defense. A thorough review ensures that the defense has a complete understanding of the defendant’s condition.
• Advocacy for Treatment: Advocating for treatment involves presenting alternatives to incarceration, such as mental health diversion programs or court-ordered therapy, which address the underlying causes of the defendant’s behavior. Programs like Mental Health Court, governed by Criminal Procedure Law § 216, focus on rehabilitation through structured treatment plans. Advocacy may also include proposing inpatient or outpatient treatment instead of jail time, particularly in cases where mental illness played a significant role. This approach not only reduces the likelihood of recidivism but also aligns with the goal of addressing public safety through recovery and stability. Effective advocacy requires collaboration with mental health professionals, social workers, and court officials.

If you or a loved one has a psychiatric condition and is facing criminal charges, contact an experienced psychiatric criminal defense attorney serving New York who can build a tailored defense, coordinates evaluations, advocates for alternative outcomes, and represents clients in court, ensuring mental health conditions are considered and rights are protected throughout the legal process. At Stephen Bilkis & Associates, we have the experience and knowledge to handle cases involving psychiatric conditions and criminal charges. We are committed to providing effective legal representation and helping you navigate the challenges of the legal system. 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.