In a criminal case in which I am the defendant in a felony theft charge case, will my mental illness be relevant?

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In a criminal case in which I am the defendant in a felony theft charge case, will my mental illness be relevant?

Asked on November 30, 2012 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Mental illness is relevant as a defensive theory and a mitigation of punishment.  If a person was insane at the time of the offense, they could be found not guilty by reason of insanity.  If they were legally sane, but have mental health issues, many judges in Texas will order mental health treatment as a condition of probation.  Some counties even have specialized diversion programs just for people with mental health issues.


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