Legal Question in Criminal Law in California

Assault and battery when psychotic?

Police are called to see a subject with a diagnosed mental disorder (bi-polar disorder with psychotic features) acting strangely in public. They decide to take subject into custody. The subject is confused and resists. Subject is charged with Resisting Arrest and Assault and Battery (for struggling against ambulance personnel subduing him). Jail psychiatrists agree subject is psychotic and they treat him. Subject responds well to meds , wishes to receive continued med help w/support of family. Can a person having a psychotic episode (diminished capacity?) reasonably be tried for resisting arrest and assault & battery as if they knew what they were doing and could rationally form malicious intent?


Asked on 8/28/99, 2:34 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Assault and battery when psychotic?

Resisting arrest, battery etc are general intent crimes. The mental state of the defendant is not important. Only his conduct.

It has been my experience that most judges recognize that the defendant has mental problems and does not impose a stiff sentence, so long as the defendant follows the prescribed treatment program.

Read more
Answered on 9/13/99, 3:01 pm


Related Questions & Answers

More Criminal Law questions and answers in California