New York Defenses Involving Mental Illness

Recently, the online forum, Above the Law, discussed what typically happens when an individual has an unexpected psychotic episode resulting in criminal charges. Defendants have the option of invoking what is colloquially called an “insanity defense.” In New York, it is an affirmative defense, asserting that the defendant was “not responsible by reason of mental disease or defect.” With this defense, the case may go to the New York Mental Health and Hygiene Department, or be retained in the regular criminal court system.

One misunderstanding many people have about a crime committed by someone who has an unexpected and first-time episode, is that because the individual has no criminal history and comes from a good background, they can side-step the criminal justice system. This is not true, and generally, a case involving mental illness can be much more complex and lengthy. Background and prior criminal history will be considered as factors when determining bail, but the actual charges will be the main focus.

Another fact many do not know is that in New York, the mental-health courts do not accept every case. Individuals charged with violent crimes are excluded and must go through the regular court system. The timing of the case is also dependent on the individual’s state of mind, regardless of which court the defendant’s matter is before. If the individual’s mental illness is severe at the time of the arrest, he or she will be detained in a psychiatric hospital until stable enough to be arraigned.

It is of the utmost importance for an individual charged with a crime caused by their mental illness to seek the professional advice of an experienced attorney. The complexity of this affirmative defense requires legal skill and knowledge. If you or your loved one has been arrested, contact the Criminal Defense Attorneys at Leventhal Law Group at (718) 556-9600. The firm’s attorneys are trusted to work hard in order to get the most favorable results for their clients.

1 comment to New York Defenses Involving Mental Illness

  • MartinEmeli

    What Reason Enlisting An Government Aid Inability Attorney Proves to Be Essential.
    Engaging An State Welfare Inability Attorney Becomes Imperative.

    The Social Security Advisory Supervises several projects from job-loss protection to public support, and also deals with incapacity remuneration for persons incapable to carry out tasks due to protracted ailment or trauma. As with every involved institution, there are laws and guidelines which must be followed by the agency in sequence to acquire benefits. Exploring the option of a Knowledgeable counsel for SSA Can be essential.

    Hiring a seasoned SSD counsel might support you manage the difficulties of SSA SSI, raising your chances of endorsement for privileges. They will assure that your proposal is registered accurately and includes substantiating medical evidence; furthermore, they comprehend how to gather this evidence promptly so it is not put forward late; moreover, they could circumvent supplying irrelevant data that will result in hindrances and rejections by the Supportive Security Arrangement.

    Your disability specialist will also equip you for a hearing with Social Security Administration if your application is dismissed, by explaining what to await at it and addressing any of your queries about what happens there. They may help with supplying additional evidence and inquiring the adjudicator who heard your case to inspect their decision and cross-examine witnesses or job experts called by Social Security to testify on your behalf, which might increase the likelihood that an primary appeal for disability prospers if originally denied. Lawyers for social security disability will regain any past due benefits thanks to changes in the starting date, which signifies when your health condition began. Competent advocates for disabilities may aid with recovering any past due privileges that would have been lost owing to changes in the starting date or when your state began.

Leave a Reply

You can use these HTML tags

<a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>




Contact the Leventhal Law Group

59 Maiden Lane
6th floor
New York, New York 10038

T: 718.556.9600
F: 718.522.3225
E: Click here to email
© Copyright 2024. All Rights Reserved. Leventhal Law Group. Attorneys At Law.
Home | Attorneys | Practice Areas | Results | Blog | Contact Us
This is New York Attorney Advertising. This website is designed for general information only. The information presented in this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. Prior results do not guarantee a similar outcome.
This website is designed and developed by PR4Lawyers.