Can PTSD Be a Defense To Military Crimes?
by
Keith J. Scherer on Nov. 08, 2015
Criminal Felony Other Military
Summary: When a military member is convicted of a violent crime such as murder or sexual assault, they can face severe penalties including lengthy imprisonment sentences and even capital punishment.
When a military member is convicted of a violent crime such as murder or sexual assault, they can face severe penalties including lengthy imprisonment sentences and even capital punishment. However, prior to conviction, accused military members have the right to present a legal defense to challenge the allegations against them. An experienced criminal defense military lawyer can identify which defenses may be available in your case if you are facing charges.
One particular defense that may be used is that the military member was not mentally stable at the time of the incident and, thus, should not be held accountable for their behavior. Post-traumatic stress disorder (PTSD) is a mental condition that afflicts many military members who have returned from active duty. The signs and symptoms of PTSD can vary widely from individual to individual, but often involve some of the following:
·
Aggressive
behavior and anger management issues
·
Sudden
and realistic flashbacks to the traumatic event
·
Anxiety
and depression
·
Withdrawal
from society
· Irrational fears of harm
These symptoms can lead many PTSD sufferers to lash out or act in a violent manner toward others, especially if they do not receive the proper treatment for the disorder. There have been instances of military members suffering from PTSD who have later faced charges of violent crimes under the UCMJ. In many situations, the presence of then-untreated PTSD can be presented to mitigate the consequences that an individual faces. In fact, though PTSD is not an automatic defense against convictions, it can definitely be taken into consideration when sentencing and can assist an individual from facing long-lasting penalties.
Contact
a military attorney for assistance with your criminal defense case today
Anyone
facing any charges under the UCMJ should consult with a military attorney for
criminal defense as soon as possible. A lawyer can evaluate and
investigate your case and determine which legal defenses apply in your particular
situation. A military lawyer will also
protect your rights to a fair trial, so please call the former JAG attorneys at
Gagne, Scherer & Associates, LLC today at 877-867-5247 to find out how we
can help you.