Experienced Mental Health Defense Attorney in Massachusetts
No group of people is more in need of an advocate than the mentally ill. When a loved one who is mentally ill is charged with a crime, the road ahead is difficult. Prosecutors, jurors and even judges are often poorly informed and unsympathetic. The Boston criminal defense law firm Keith Halpern, Attorney at Law has extensive experience advocating for and defending the mentally ill at all stages of a case – in determining whether it is proper for charges to go forward, whether mental illness supports a Not Guilty or lesser charge and, when unavoidable, in determining an appropriate sentence.
The District Attorney wanted to give me a life sentence. Due to Mr. Halpern’s persistence, I was found Not Guilty by Reason of Mental Illness by a jury. e is very effective at achieving the best result from what could be the worst situation of your life. I owe him my life and I am extremely grateful.
Sincerely, L.,
Worcester County MA
Competency to Stand Trial in Massachusetts Criminal Cases
A defendant is mentally fit to stand trial only if (s)he has the ability to consult with a lawyer in a reasonable fashion and understands the charges. If competency is uncertain, Attorney Halpern will work with mental health experts and may oppose charges going forward at all, including the challenging of professionals relied upon by prosecutors or the court.
Successfully Using the Insanity Defense
There may be no area of criminal defense where it is more important to have a lawyer with expertise and a history of success than when raising mental illness as a defense to murder. Investigation, working with expert witnesses and jury persuasion all pose unique challenges. A verdict of “Not Guilty” in a murder case based on the insanity defense is rare. Attorney Halpern has accomplished this in a number of trials. Before trial, he has persuaded prosecutors that defendants had valid insanity defenses. In the most difficult circumstances, where there was no question that his client had killed someone, he has achieved treatment for clients, rather than prison.
Diminished Capacity
Mental illness can support acquittal when the defendant’s ability to control or understand their conduct was impaired. Sometimes mental illness is not severe enough to cause a loss of control, but still should be considered in determining the severity of the crime. For example, mental illness may support a reduction of a murder charge to manslaughter. And you may need an attorney with the skill to accomplish it, with a prosecutor or with a jury.
Sentencing
At a sentencing, the judge must be persuaded to take mental impairment into account in fashioning an appropriate sentence. For example, if a jury or a prosecutor is persuaded that a murder charge should be replaced by the lesser charge of manslaughter, a judge will determine the sentence. Understanding and explaining the complexities of mental illness, and working closely with experts, remain of critical importance.
