Tampa Bipolar Disorder Lawyer

Tampa Bipolar Disorder Attorney

Facing criminal charges in Florida can be daunting. As a state with strict penalties, it is important to have strong legal representation, especially if you or a loved one suffers from mental disabilities such as bipolar disorder. Florida laws allow courts to assess mental disabilities as a mitigating circumstance when considering charges and penalties. A skilled Tampa, FL, bipolar disorder lawyer can help fight against criminal charges if diagnosed with bipolar disorder.

The team at Elizabeth Kelley, Attorney at Law has decades of criminal defense practice nationwide. Our practice focuses on representing clients with mental disabilities. With the help of our dedicated team, you gain a breadth of knowledge and skills in each case, helping clients with bipolar disorder obtain the most optimal result in their case.

What Is Bipolar Disorder?

Bipolar disorder is considered a severe mood disorder. Persons who have been diagnosed with bipolar disorder are affected by sudden and clear shifts in their mood, energy, and concentration. Individuals who suffer from bipolar disorder have described experiencing periods of extreme highs, elation, and energized behavior, followed by depressive periods where they feel sad or indifferent and, at times, hopeless.

Bipolar disorder is categorized in two ways, bipolar one and bipolar two, with the former being more severe and potentially leading to hallucinations and paranoia. Certain episodes can lead to hospitalization.

Behavior can be extreme during a manic episode, leading an individual to act impulsively and exercise poor judgment when making decisions. During depressive periods, a person may disregard their responsibilities and act disinterested in people and things around them.

Navigating life with bipolar disorder is difficult. It can also potentially lead to negative interactions with law enforcement and consequences with the law.

How Do Florida Courts Address Bipolar Disorder?

A reported 4.4% of U.S. adults have experienced bipolar disorder at some point in their life. This level of incidence has pushed the justice system towards acknowledging the role of mental disorders in the commission of crimes.

In certain cases, mental illnesses like bipolar disorder have been successfully introduced as a mitigating factor for sentencing. Florida Statute § 921.0026, for instance, explains that when sentencing felonies that are not subject to capital punishment, a judge may consider a defendant’s ability to understand the nature of their crime or conduct as illegal. Mental illness may be deemed as affecting this ability in certain situations.

Though mental illness may not be used as a defense on its own in Florida, it can be introduced as a part of an insanity defense, which is a challenging defense to prove in many cases.

Florida legislators continue to push for criminal statutes that consider the influence of mental illness on a crime. In 2021, a senate bill was introduced to stop the imposition of the death penalty for persons who suffer from severe mental illness, including those with conditions like dementia. Though the bill did not successfully pass, it does show progress towards a more equitable justice system for those suffering from intellectual disorders.

How Our Team Can Help

The criminal system can be complex for most people to navigate on their own, especially those who are dealing with a mental illness like bipolar disorder or autism spectrum disorder (ASD). It is highly advised that you or your loved one work with a skilled Tampa, FL, bipolar disorder lawyer if accused of a crime and are suffering from this disorder.

A skilled attorney with years of practice defending clients with bipolar disorder can assist you with several aspects of your case, including:

• Assess the facts of the alleged crime and understand how your condition may have contributed to your actions during the incident.
• Mounting a strong defense by providing clear evidence on the role of your condition in the alleged crime and presenting a robust argument in court.
• Helping you acquire reasonable accommodation throughout the criminal process.
• Advocating for your rights under federal and state law.

When you work with a seasoned bipolar disorder lawyer, you can rest assured your case is handled with the utmost care and compassion.

FAQs

Is Bipolar Disorder Considered a Disability in Florida?

In Florida, bipolar disorder is considered a disability. The state provides numerous resources for persons living with bipolar disorder and other mood disorders. If you have been arrested for a crime and suffer from bipolar disorder, a knowledgeable attorney can help secure your right to reasonable accommodation throughout the process.

Can Bipolar Disorder Be Used as a Legal Defense?

Though bipolar disorder cannot be used as a legal defense in Florida, a skilled criminal defense attorney can provide evidence during your case that shows the impact of a bipolar disorder diagnosis in the alleged crime. Mental illness can also be considered a mitigating circumstance during sentencing. A defense attorney can shed more clarity on how your diagnosis may be used in your defense.

How Do You Prove Bipolar Disorder in Court?

The existence of a mental illness can be introduced during a criminal case in different ways. An attorney may provide medical records and testimony from psychiatrists who have evaluated the defendant. Witness testimony may also help provide a clearer picture of a person’s behaviors and actions. A judge may need to assess this evidence before deciding whether it can be referenced during a case.

Where Can Someone With Bipolar Disorder Get Help?

There are many resources available to persons who suffer from bipolar disorder. Florida’s Department of Public Health has a dedicated resource page for those who are living with mood disorders like bipolar disorder. Your attorney can also inform you of other resources available to you both inside and outside the criminal defense process.

Contact Our Lawyers Team to Get Help with Bipolar Disorder Cases

Bipolar disorder is a serious condition. If you suffer from this mood disorder and have been arrested and charged with a crime in Florida, a Tampa, FL, bipolar disorder lawyer can be an indispensable resource in helping you resolve your case.

Elizabeth Kelley, Attorney at Law provides compassionate legal counsel and representation to clients in Florida and throughout the United States. Our practice is primarily focused on defending clients who suffer from intellectual disabilities. Our team works diligently to provide you with the dedicated legal representation you need throughout the case. Contact our office today to learn more about how we can help.