If you or a loved one is facing criminal charges in Palm Beach County and struggles with mental illness, it’s essential to understand how Florida law addresses criminal mental health issues. Whether you are dealing with competency to stand trial, the insanity defense in Florida, or mental illness and criminal sentencing, mental health can play a decisive role in the outcome of your case.
At Russo Law & Advocacy PLLC, we specialize in defending individuals in criminal cases involving mental illness, and we strive to be one of the best criminal defense law firms in Palm Beach. We know how to use psychiatric evidence and legal strategy to protect your rights, your future, and your dignity.

When Mental Health Matters in a Florida Criminal Case
There are several key stages where criminal mental health issues may arise during the criminal process:
- Competency to Stand Trial (Fla. R. Crim. P. 3.210)
- Insanity Defense in Florida (Fla. Stat. § 775.027)
- Mitigation at Sentencing
- Mental Health Court or Diversion Programs
Each of these legal avenues requires careful navigation by a defense attorney with experience handling cases with mental health components in Palm Beach County.
The Insanity Defense in Florida: Understanding the Law
Under Fla. Stat. § 775.027, a defendant may be found Not Guilty by Reason of Insanity (NGRI) if:
- The defendant had a severe mental illness at the time of the alleged offense; and
- The condition prevented them from understanding the nature or wrongfulness of their actions.
The insanity defense in Florida is a complete legal defense. If proven, it results in an acquittal. However, a person found NGRI is usually committed to a secure mental health treatment facility until they are no longer considered a danger.
As a Palm Beach criminal defense attorney handling criminal cases involving mental illness, I ensure that every procedural requirement—such as timely notice and qualified expert testimony—is met to give clients the strongest defense possible.
Steps in Building a Mental Health Defense in Palm Beach
1. Competency Evaluation
Before a criminal case can proceed, the court may order a competency evaluation to determine whether the defendant can meaningfully participate in their defense. This process is governed by Florida Rule of Criminal Procedure 3.210.
2. Expert Psychiatric Testimony
In all serious criminal mental health cases, expert testimony is essential. Licensed psychiatrists or psychologists will assess the defendant’s mental condition and testify as to how it affected their behavior at the time of the offense or their ability to proceed.
3. Notice of Intent to Rely on the Insanity Defense
Florida law requires a formal notice of intent to use the insanity defense before trial. Failure to follow these steps may result in the exclusion of vital mental health evidence.
4. Mental Health Court or Diversion (When Available)
Palm Beach County offers a Mental Health Court for non-violent offenders with a verified psychiatric diagnosis. This court provides supervised treatment instead of traditional prosecution. Successful completion of the program may lead to dismissal of charges and no criminal conviction.
Mental Illness and Criminal Sentencing in Florida
Even when mental illness does not rise to the level of legal insanity, it can significantly impact sentencing outcomes. Judges are allowed to consider mental illness and criminal sentencing factors when determining punishment. Outcomes may include:
- Reduced jail or prison sentences
- Mandatory psychiatric treatment as a condition of probation
- Referral to state-run or private mental health facilities
- Avoidance of habitual offender designations
When you’re facing sentencing in a criminal case involving mental illness, an experienced Palm Beach defense lawyer can present medical records, expert evaluations, and social history to support a fair and humane resolution.

Examples of Criminal Mental Health Cases in Palm Beach
Mental health concerns arise in a wide range of offenses, including:
- Battery or assault during a psychotic episode or manic state
- Drug possession or theft linked to untreated mental illness
- Trespassing or resisting arrest due to paranoia or delusions
- Public disturbance during an acute mental health crisis
These are all common cases mental health professionals and attorneys encounter in the Palm Beach criminal courts. Addressing these issues early in the process can drastically alter the outcome of your case.
Frequently Asked Questions About Criminal Mental Health in Florida
What is the difference between insanity and incompetence?
Incompetence refers to a defendant’s current ability to participate in court proceedings. Insanity refers to their mental state at the time of the alleged offense.
Will a successful insanity defense result in immediate release?
No. Most individuals found Not Guilty by Reason of Insanity are committed to a forensic psychiatric facility until they are deemed no longer a threat.
Can my sentence be reduced if I have a mental illness?
Yes. Mental illness and criminal sentencing are closely linked in Florida. Courts regularly consider psychiatric conditions as mitigating factors.
Charged With a Crime and Struggling With Mental Illness? Call a Top Palm Beach Criminal Defense Attorney Today
If you’re facing a criminal case involving mental illness or are concerned about how mental health may affect your charges, call Russo Law & Advocacy PLLC today. We are among the best criminal defense attorneys in Palm Beach, with a proven track record handling complex criminal mental health cases.
We understand the intersection of law and psychiatry and are dedicated to protecting your rights, securing proper treatment, and helping you achieve the best possible outcome.