Rossiter, PA asked in Criminal Law for Pennsylvania

Q: 66 year old father in law was charged with aggravated assault while a patient in the psych hospital. What can I do?

My 66 year old father in law, who I have known for almost 5 years, overdosed on Morphine in a suicide attempt which led to his admission to the psych unit of a hospital. I spoke to him on the telephone the day of the assault charges as well as the following day and it was clear to me as an individual who has worked with those suffering from severe mental illness for 18 years that he had become psychotic and was experiencing hallucinations, severe paranoia and more. At 1:30 am, the first night following his admission, a nurse attempted to give him a shot at which time he grabbed her shoulder and twisted it causing a sprained shoulder resulting in aggravated assault charges. When I spoke to him about what he had done which was the very next day, he made no sense at all claiming "they were trying to stab me and cut me up to put into a cooler of ice". He clearly had no idea what he was doing with no prior record. Im wondering if I should write the judge? What can I do?

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1 Lawyer Answer
Ryan L Hyde
Ryan L Hyde
Answered
  • Criminal Law Lawyer
  • Exton , PA
  • Licensed in Pennsylvania

A: It is absolutely imperative that he have an attorney representing him. These are very serious charges and as you point out he has a defense. Mental Health defenses are not easy to assert and potentially require expert witnesses to assert properly. Your wish to assist is noble, especially in a case where he potentially has fairly serious mental health issues. Once he has an attorney you should contact them to see how you can best assist. I have had cases where I have asserted this defense and testimony like yours can be very important. Unfortunately, you contacting the judge is unlikely to have the desired effect as ex parte communications are often ignored.

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