Sometimes, no matter how hard you try, a court case just won’t go your way. Conviction is inevitable.
When that happens, the defense process turns toward mitigation – or an effort to sway the court towards leniency in its sentence based on different factors that tend to present the defendant in either a positive or sympathetic light. One of the most common mitigating issues raised is a defendant’s mental health.
It’s not the same as an insanity defense
Pleading “insanity” is an affirmative defense in New York, but it’s a high bar to meet – and that’s not the same as using mental illness as mitigation. Mitigation is more about providing context for a defendant’s actions that can justify a reduced sentence.
For example, your defense team may present evidence to the court that you were suffering from untreated bipolar disorder that affected your judgment, leading you to make some illegal trades or mishandle your client’s funds. Or, your mental health struggles with depression led you to see no other option but to embezzle from your employer to try to keep your spouse from leaving you or to keep up the appearance of being successful in front of your parents.
Often, the court will look more favorably on defendants whose mental health issues were undiagnosed prior to their bad acts – so long as the defendant has now accepted responsibility for their actions, acknowledged their condition and sought treatment.
Mitigation is a strategic approach in any defense strategy when a conviction occurs. If you’re in trouble with the law, do not overlook the importance of mitigation as part of your defense.