How Does Mental Health Affect Criminal Charges in Washington?

Mental health issues can significantly affect how a criminal case unfolds in Washington State. When someone is charged with a crime but struggles with a mental illness, their condition may impact their ability to understand the charges, participate in their defense, or even be held legally responsible for their actions.
Washington law recognizes this complexity. That’s why mental health concerns can play a critical role in criminal defense—especially when it comes to competency evaluations, diversion programs, and diminished capacity defenses.
Competency to Stand Trial
Before a case proceeds to trial, the court must ensure that the defendant is competent. Under Washington law, this means the person must:
- Understand the nature of the charges and court process, and
- Be able to assist their attorney in preparing a defense.
If there is reason to doubt a defendant’s mental capacity, the court may order a competency evaluation, typically conducted by a forensic psychologist or psychiatrist. If the defendant is found incompetent, the case is paused while the person undergoes restoration treatment. Only when competency is restored can the case continue. This process protects the due process rights of the accused and prevents mentally ill individuals from being prosecuted unfairly.
Mental Health Diversion Programs
In some cases, Washington courts offer diversion programs for individuals whose criminal behavior is linked to an underlying mental health condition. These programs allow defendants to avoid traditional prosecution in exchange for participating in:
- Court-monitored mental health treatment
- Regular check-ins with a case manager or the court
- Compliance with medication or counseling requirements
Clark County and other jurisdictions in Washington offer mental health courts designed to connect eligible defendants with support services. Successfully completing a diversion program may result in reduced charges—or even dismissal. Diversion provides a second chance while also addressing the root cause of the behavior, rather than simply punishing it.
Diminished Capacity Defense
A separate but important concept is the diminished capacity defense. This legal strategy does not claim that the defendant is insane or unaware of their actions. Instead, it argues that due to a mental health condition, the defendant lacked the mental state required to commit a particular crime.
For example, many crimes require “intent” or “premeditation.” If a defendant was suffering from a mental illness that interfered with their ability to form that intent, their attorney may argue that the charge should be reduced or dismissed.
Unlike the insanity defense (which admits the act but claims the person is not legally responsible), diminished capacity is about whether the defendant had the required state of mind at the time of the offense. This is a complex defense that often requires expert testimony from mental health professionals, and it is not available in every case or for every crime.
Why Mental Health Matters in Criminal Defense
Mental health doesn’t excuse criminal behavior—but it can explain it, mitigate it, or even redirect the course of the case entirely. Whether someone is facing misdemeanor charges or serious felony accusations, acknowledging mental illness in the courtroom can make a significant difference in outcomes.
At the Law Office of Erin Bradley McAleer, we are experienced in representing clients with mental health challenges. We know how to raise competency concerns, pursue diversion when appropriate, and work with psychological experts to build a strong defense.
If You or a Loved One Is Facing Charges
If you or someone you care about is dealing with criminal charges and also struggles with a mental health condition, it’s critical to speak with a defense attorney who understands both the legal and medical dimensions of the case. We are here to advocate for your rights, protect your future, and connect you with the resources you need. Call the Law Office of Erin Bradley McAleer today for a free consultation.