Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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You are charged with sexual assault in connection with a domestic violence matter. However, you believe you committed the crime because you were easily startled due to your post-traumatic stress disorder (PTSD).
Is it possible to use your PTSD to challenge the charge?
The answer largely depends on the facts of your case and how serious your mental health condition is. In some cases, PTSD can be used to:
Note that PTSD is a mental illness that is triggered by either experiencing or observing some type of traumatic event. Possible symptoms may include:
PTSD is a mental health illness that often plagues combat veterans and war veterans.
There are times when a person’s PTSD is so severe that it renders the person mentally insane. If so, and you then commit a crime, you may be able to use your PTSD to support an insanity defense.
An insanity defense is a valid defense to contest criminal charges. The defense works no matter if you were permanently insane or temporarily insane when you committed a crime.2
Under California law, you are “legally insane” if, at the time you committed a crime, you:
Note that a defendant has the burden of proving insanity.
Also, the defendant must prove insanity by a preponderance of the evidence. You will meet this burden if you can show that it was more likely than not that you were insane at the time of your crime.4
Expert witnesses and expert testimony are often used to help meet the burden of proof for insanity.
If you or your criminal defense attorney is able to prove insanity, you will be committed to a mental health treatment facility instead of jail or state prison.
Most often, yes. You can usually present mitigating circumstances before a court to reduce a charge or lessen the severity of a penalty.
If you were suffering from PTSD at the time you committed a crime, you can often submit that fact into evidence.
Your judge then might be inclined to replace a jail or prison sentence with:
This is because if you were suffering from some sort of mental health problem, your criminal behavior is not considered as blameworthy as if you had no health issue.
Many times, yes. California law says that if you are convicted of a crime, then prior to sentencing a trial court may consider whether you committed that crime because of:
If a judge concludes that you committed your offense because of one of the above conditions, the law says that the judge should favor awarding you with probation in lieu of custody in jail or prison.6
In addition, the judge can order you into a treatment program during your probationary period.7
Military veterans and active-duty military personnel in California are often eligible for military diversion if they:
If granted diversion, you will receive healthcare treatment rather than spend time in custody. Any criminal charges are then dismissed upon successful completion of your treatment program.9
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.