Resisting Arrest While Having a Mental Breakdown: Will I Still Face Charges in Florida?

Mental health issues in Florida are on the rise, and police officers often find themselves dealing with individuals who are clearly having mental breakdowns. Whether you recently heard the news of a deceased loved one or you’re having relationship problems, various life events can cause you to act erratically. Throw police officers into the mix, and it’s easy to see why some people resist arrest in Fort Myers. Is a mental breakdown a legitimate defense to these charges?

If You Were Having a Mental Breakdown, You Might Not Have Known You Were Resisting Arrest

The term “mental breakdown” is not something that a psychologist would use. Instead, a doctor would probably use the phrase “mental health crisis.” This is a broad term that could refer to many behaviors. Various people can experience mental health crises, including people with no mental disorders and those who have already received diagnoses.

Different phrases may be more appropriate for certain people. For example, someone with bipolar disorder might experience something called “acute mania” or a “mixed episode” during an interaction with police officers. A schizophrenic might have an “acute psychotic episode.” Sometimes, these “episodes” are drug-induced, and a person might have no history of mental illness outside of a single bad experience with controlled substances.

During one of these episodes, a person might lose touch with reality. They might believe that the police officers are demons or aliens who are trying to “take them away.” They might also react reflexively without even thinking about what’s happening around them. After the incident, they may have no memory of their interactions with police officers.

Lack of Intent is a Valid Defense Strategy

In order to secure a conviction, prosecutors must establish that you knew what you were doing when you resisted arrest. In other words, they must establish intent. If you were having some kind of mental breakdown, you might not have been aware of what was happening. As a result, your lack of intent could represent a valid defense strategy.

Note that you do not necessarily need to establish that you have a mental disorder in order to benefit from this strategy. This is not an “insanity plea” per se. People can have mental health crises even if they have never shown any signs of mental instability in the past, especially after consuming drugs.

That being said, you may need to submit to psychological evaluations as part of the trial. Prosecutors will probably ask you to submit to an evaluation carried out by a doctor of their choosing.

Can a Fort Myers Defense Attorney Help Me?

If you face charges of resisting arrest in Fort Myers, the fact that you were having a legitimate mental breakdown could help you avoid unnecessary consequences. Your mental state is highly relevant when establishing whether you intentionally resisted arrest. Discuss your legal options in more detail by contacting the Fort Myers criminal defense lawyers at The Foley & Wilson Law Firm today.

Sources: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0843/Sections/0843.02.html

floridaphoenix.com/2019/07/03/jailing-the-mentally-ill-attorney-general-moody-looks-for-solutions/