Mental health plays a complex — and sometimes critical — role in Florida criminal cases. If a person is suffering from a mental illness or psychological condition, it may affect not only how they are prosecuted, but also whether they are legally responsible for the alleged offense at all.
At The Bonderud Law Firm, we work with mental health professionals and advocate for clients whose psychological conditions must be factored into their legal defense. Here’s how mental health can shape criminal responsibility in Florida.
Mental Health and Competency to Stand Trial
Before a case can proceed to trial, the defendant must be competent to stand trial — meaning they:
- Understand the nature of the charges
- Understand the possible consequences
- Can assist their attorney in preparing a defense
If there is reason to believe a defendant is incompetent, the court may order a mental health evaluation. If found incompetent, the case is paused and the person may be sent for restoration treatment until they are fit to proceed.
The Insanity Defense in Florida
Florida recognizes the insanity defense when, at the time of the offense, a person:
“Did not know what they were doing or did not know that it was wrong, due to a severe mental disease or defect.”
This is a legal, not medical, determination. It’s rarely used — and even more rarely successful — but in the right case, it can be a complete defense to criminal liability.
If successful, the defendant is found “not guilty by reason of insanity” and may be committed to a mental health facility rather than sentenced to jail or prison.
Mental Health as Mitigation
Even when it doesn’t rise to the level of insanity, mental health can still play a major role in:
- Plea negotiations
- Sentencing
- Requests for diversion, probation, or treatment programs
Courts may consider mental health history, trauma, intellectual disability, or substance-induced disorders when deciding the appropriate outcome.
Mental Health Courts and Diversion
Several Florida counties have mental health courts — specialized programs that offer treatment-based alternatives to traditional prosecution. Eligibility varies, but the goal is to address the root cause of the behavior and reduce recidivism.
Successful completion can lead to dismissal of charges or avoidance of jail time.
Mental Illness Doesn’t Make You a Criminal — But It Can Be Misunderstood
Don’t let a court system treat you (or your loved one) as just another case number. At The Bonderud Law Firm, we know how to build a defense strategy that takes your mental health into account — and we fight to protect your dignity, rights, and future.
Contact us today to schedule a consultation.