Does PTSD Qualify as a Legal Defense for Veterans Facing Criminal Charges?

Many veterans returning from military service often face tremendous challenges as they reintegrate into civilian life. For many, post-traumatic stress disorder (PTSD) significantly affects their behavior, decision-making, and ability to cope with stress. Some veterans turn to alcohol and drugs as a way of coping. Unfortunately, sometimes, this can lead to encounters with the criminal justice system. Veterans facing criminal charges often wonder if they can use their PTSD as a legal defense.
So, does PTSD qualify as a legal defense for veterans facing criminal charges? PTSD can be used as a legal defense for veterans facing criminal charges. However, whether you are able to use this defense successfully depends on various factors, including the nature of the crime, state laws, and the strength of the evidence linking the PTSD to your actions.
The Insanity Defense
A common strategy that attorneys use in most states is the “insanity defense.” This defense applies when an individual’s PTSD symptoms were so severe at the time of the alleged crime that they rendered him or her mentally insane at the time. To successfully use this defense, your attorney must prove that you met the legal criteria for insanity at the time. Specifically, your attorney must show that you couldn’t understand the nature of your actions or tell right from wrong. While this can be a difficult defense to prove, a PTSD diagnosis can support it, especially if yours is a violent crime case where flashbacks or severe dissociation played a role.
Veterans Criminal Diversion Program (commonly known as Veterans Treatment Courts)
When a veteran is accused of a crime, one option may be a diversion. This option is available to veterans facing allegations of non-violent crimes like drug possession, who have a substance abuse or mental health disorder. Diversion focuses on rehabilitation instead of punishment, offering treatment and support services instead of imprisonment. A PTSD diagnosis can qualify you for these outcomes. If you qualify, you can get the help you need instead of being sent to jail. PTSD is a recognized mental health disorder that can affect memory, judgment, and perception.
Using PTSD in Plea Negotiations
Often, veterans whose cases proceed through the standard criminal justice proceedings have their cases resolved by plea agreements and obtain a diversion. Recovery Court is one such option. A plea agreement involves your defense attorney and the prosecutor working out a deal. The prosecutor agrees to do something favorable in return for your guilty plea. Many defense attorneys rely on PTSD as a powerful tool during plea negotiations. When a defense attorney is negotiating a plea agreement for you, the fact that you have PTSD can work in your favor. The prosecution may be more inclined to offer reduced charges or alternative sentencing if they understand how your PTSD contributed to the alleged crime.
Appealing a Conviction Based on PTSD
If a veteran is convicted, there may be grounds to appeal based on his or her mental health condition. For instance, if the court that convicted the veteran didn’t acknowledge PTSD as a legitimate disorder, or if the defense attorney failed to raise it during the trial, these can be grounds for appealing. Even if you cannot appeal your conviction, you may be able to appeal your sentencing.
Contact Citizen Soldier Law – We Have Well Over 100 Years of Experienced Veterans on Staff
Our New Jersey criminal lawyers have experience handling veteran-related cases and can help you secure the best possible result. If you’re facing criminal allegations as a veteran, contact Citizen Soldier Law.