The Role of Mental Health in Pennsylvania Criminal Cases

Whether you're facing charges related to a mental health episode—or you’re concerned about a loved one who is—understanding how mental health is treated in Pennsylvania criminal courts is key to protecting rights, freedom, and access to treatment.

How Mental Health Affects Criminal Responsibility

Pennsylvania law recognizes that a person’s mental health may affect their:

• Ability to understand what they were doing

• Capacity to distinguish right from wrong

• Fitness to stand trial

These issues fall into two primary legal categories:

1. Competency to Stand Trial

A defendant must be mentally competent to:

• Understand the charges against them

• Participate in their own defense

• Work with their lawyer

If a person is found not competent, the court may order mental health treatment before the trial can proceed.

2. Mental Illness as a Defense (Insanity)

In rare cases, a defendant may argue that they should not be held criminally responsible due to insanity at the time of the offense. This is a difficult defense and only applies in extreme cases where the defendant could not understand their actions or distinguish right from wrong.

How Mental Health Can Affect Sentencing

Even if a defendant is found guilty, their mental health condition may be considered at sentencing. A skilled criminal defense attorney can present:

• Medical records

• Psychiatric evaluations

• Testimony from mental health professionals

• Evidence of a treatment plan

Judges in Philadelphia and across Pennsylvania may consider mental illness a mitigating factor, especially for first-time offenders or non-violent crimes.

Alternative Sentencing: Mental Health Court

In some counties, including Philadelphia, eligible individuals may be referred to Mental Health Court. This is a specialized court program designed to:

• Divert non-violent offenders with diagnosed mental illnesses

• Provide supervision, counseling, and treatment instead of jail

• Help participants rebuild their lives and reduce recidivism

Participants must agree to follow a treatment plan and attend regular check-ins. Successful completion can result in reduced charges, shorter probation, or even dismissal of charges in some cases.

Your defense attorney can petition the court to refer your case to Mental Health Court if you qualify.

How Pennsylvania Law Treats Mental Illness in Criminal Cases

Pennsylvania law does not excuse illegal behavior due to mental illness in most situations—but it does provide options for people who are willing to seek treatment. The following laws and programs are especially important:

• Act 21: Addresses mental health risks in individuals nearing release from incarceration.

• Act 53 & Act 77: Provide legal mechanisms for involuntary mental health treatment in certain situations.

• County diversion programs: Some Pennsylvania counties offer their own alternatives to jail for people with verified mental health diagnoses.

The goal in many cases is not punishment, but treatment, especially when criminal behavior is tied to a documented psychiatric condition.

Common Charges Involving Mental Health Factors

Many clients who face charges related to mental health episodes are accused of:

• Disorderly conduct

• Trespassing

• Theft (often tied to homelessness or impulse control issues)

• Resisting arrest

• Simple assault (especially in domestic or hospital settings)

In these cases, it’s vital to show the court that the individual is not dangerous, is receiving treatment, and deserves an opportunity to recover without going to jail.

Why Legal Representation Is Critical

Mental health-related cases are often misunderstood by prosecutors, judges, and even police. An experienced criminal defense lawyer can:

✅ Obtain expert psychological evaluations
✅ Argue for pretrial diversion or Mental Health Court
✅ Present mental illness as a mitigating factor at sentencing
✅ Challenge competency or assist with involuntary commitment hearings
✅ Help keep the case off your permanent record

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

With over 30 years of experience handling complex criminal cases across Philadelphia and Pennsylvania, Mark D. Hauser understands how mental health can affect criminal behavior—and how to advocate for treatment instead of punishment.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.