Mental Health Defenses In Florida: What Happens When Illness Leads To Criminal Charges

The criminal justice system is built on the assumption that individuals are responsible for their actions, but what happens when mental illness impairs a person’s ability to understand or control their behavior? In Florida, courts recognize that mental health can play a critical role in criminal cases.
Defendants suffering from serious psychological conditions may not be competent to stand trial, or they may pursue an insanity defense to avoid criminal liability. These legal mechanisms serve to protect the rights of defendants while balancing society’s interest in justice and safety.
Competency to Stand Trial in Florida
Before a criminal case proceeds, Florida law requires that a defendant must be competent to stand trial. Competency does not relate to guilt or innocence but instead to a defendant’s present ability to understand the proceedings and assist in their defense. Under Florida Statutes §916.12, a defendant is considered incompetent if they lack the ability to consult with their lawyer with a reasonable degree of rational understanding or if they do not have a factual and rational understanding of the proceedings against them.
When competency is in question, the court will order a psychological evaluation, often conducted by court-appointed experts. If a defendant is found incompetent, the court may commit them to a mental health facility or order outpatient treatment until competency is restored. During this period, the criminal case is paused. If competency is eventually regained, the case resumes; if not, the court must determine whether civil commitment or dismissal of charges is appropriate.
The Insanity Defense in Florida
The insanity defense is one of the most misunderstood areas of criminal law. In Florida, the standard for insanity is established by Florida Statutes §775.027, which follows a modified version of the M’Naghten Rule. Under this law, a defendant is considered legally insane if, at the time of the offense, they had a mental infirmity, disease, or defect that caused them to not know what they were doing or to not know that what they were doing was wrong.
Raising an insanity defense is complex. The defendant has the burden of proving insanity by clear and convincing evidence, a higher standard than in many other defenses. Expert testimony from psychiatrists or psychologists is usually critical to establishing the defense. If successful, a defendant found not guilty by reason of insanity is not simply released; instead, they are committed to a secure psychiatric facility until doctors and the court determine that they no longer pose a danger to themselves or others.
Diminished Capacity and Other Mental Health Defenses
Unlike some states, Florida does not recognize “diminished capacity” as a standalone defense. That means mental illness cannot be used to argue that a defendant should be convicted of a lesser offense due to impaired judgment. However, mental health evidence can still play a role in sentencing. Judges may consider mental illness as a mitigating factor when imposing punishment, potentially reducing prison terms or steering defendants toward treatment programs instead of incarceration.
Florida’s drug courts and mental health courts also provide alternative pathways for defendants whose criminal behavior is directly tied to substance abuse or psychiatric illness. These specialized courts focus on rehabilitation and treatment rather than punishment, aiming to reduce recidivism and help defendants reintegrate into society.
The Role of Expert Testimony
Mental health defenses hinge on expert testimony. Psychologists and psychiatrists evaluate defendants to determine competency, assess sanity at the time of the offense, and provide expert opinions at trial. These experts may review medical history, conduct psychological testing, and interview family members to form their opinions. Because prosecutors often present their own experts, mental health cases can become battles of competing testimony, making it critical for defense attorneys to work with highly qualified professionals.
Strategic Considerations in Mental Health Cases
Defendants and their attorneys must carefully weigh the decision to raise a mental health defense. While competency issues must be addressed whenever they arise, the insanity defense is more strategic. Juries can be skeptical of insanity pleas, and the standard of proof is high. Moreover, a successful insanity defense often results in long-term confinement in a mental institution rather than freedom.
Attorneys may instead use mental health evidence to negotiate plea agreements or argue for leniency at sentencing. By presenting a clear record of mental health struggles, treatment history, and ongoing therapy, defense counsel can humanize the defendant and demonstrate that rehabilitation is possible.
Protecting the Rights of Vulnerable Defendants
The intersection of criminal law and mental health highlights the justice system’s duty to protect vulnerable individuals. For defendants with serious psychiatric conditions, the stakes are incredibly high. Without skilled advocacy, they risk being punished for behaviors driven by illness rather than intent. This is where the experience of an Orlando criminal lawyer becomes essential.
An experienced defense attorney can ensure that competency issues are properly raised, insanity defenses are thoroughly supported, and mental health evidence is effectively presented at every stage of the case. Protecting the rights of defendants with mental illness requires not only knowledge of the law but also compassion and a commitment to justice.
Contact The Baez Law Firm for Aggressive Defense
If you or a loved one is facing criminal charges and struggling with mental health issues, it is critical to seek strong and informed legal representation. The Baez Law Firm understands the complexities of Florida’s mental health defenses and is committed to protecting the rights of vulnerable defendants. Our team will work tirelessly to ensure that mental health is fully considered in your case and that you receive the fair treatment the law guarantees.
Contact The Baez Law Firm today for a confidential consultation with a dedicated Orlando criminal lawyer who will fight for your rights and your future.
Sources:
Florida Statutes §916.12 – Competence to Proceed
Florida Statutes §775.027 – Insanity Defense
Florida Courts – Mental Health


