Houston, TX asked in Criminal Law and Health Care Law for Texas

Q: If a defendant is found guilty of menacing-intimidation only what would be the Judges ruling?

The defendant was having a paranoid schizophrenic bipolar episode. He is on medication and doctors care and attending Alta Pointe. However due to the pandemic they were not meeting with him in person due to this pandemic. His fears are real to him.

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Please clarify the question. A defendant being found guilty of anything implies that either that he entered a plea of guilty or no contest or that the prosecuion proved every element of their case beyond a reasonable doubt.

Most, but not all, offenses require some sort of "culpable mental state" which is basically a fancy term for "he knew it was wrong or dangerous." There are affirmative defenses like INSANITY and MISTAKE OF FACT but the consequences of "winning" based on insanity are potentially worse than the conviction. Have a private discussion with your criminal defense attorney to get more information about how these concepts may (or may not) apply to your specific situation.

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