Mental Illness Defense in Utah
Can a mental illness
serve as a defense in Utah criminal
cases?
It
is sometimes assumed (incorrectly) that a mental illness defense can be
raised in a Utah criminal prosecution case only when the charged crime
is one requiring evidence of "specific intent." Raising a mental
illness defense is complicated regardless of the nature of the offense
charged. But depending on the nature of the illness and on the
circumstances of the alleged defense, a mental illness defense in a
felony
or
misdemeanor
case can
potentially apply to either a specific intent or general intent crime.
When
facing criminal charges, it is vital to have the effective assistance
of counsel.
Contact
us today to see how our
criminal
defense team can
help.
Specific Intent or General Intent
With the
exception of so-called "strict liability" crimes, a criminal offense in
Utah will require some level of culpable mental state. This required
mental state is often referred to by the Latin term "mens rea"
(translated roughly as "guilty mind"). Criminal charges can generally
be divided into two categories of mens rea based on either a "specific
intent" or a "general intent."

A
general intent crime
requires only proof that the person generally intended to commit the
act. For example, a charge of DUI requires only that the prosecutor
prove that the defendant intended to drive the vehicle. The prosecutor
does not have to prove that the defendant intended to be drunk or
impaired, or even that he was aware of the fact that he was drunk or
impaired. If the prosecutor can convince a jury beyond a reasonable
doubt that the defendant had the general intent to act (sometimes
referred to as committing a "willful" act) and that the act satisfied
the other elements of the offense, then a jury may convict on a general
intent crime.
A
specific intent crime differs from a general intent offense by
requiring that the defendant act with some specified purpose or intent.
For example, In a burglary case a defendant can be convicted if a jury
finds that he unlawfully entered a home "with the intent to commit a
theft." A general intent only to enter a home unlawfully would
constitute the lesser misdemeanor crime of trespass. But if the
specific intent to commit a theft is added to the trespass, then a
charge of burglary can be supported.
Applying Mental Illness as a Defense
It
is commonly accepted by most Utah practitioners that a mental illness
defense can apply to specific intent crimes. A general intent crime can
present a less straightforward problem. But there is nothing in Utah's
mental illness defense statute that restricts the application of the
defense only to specific intent crimes.
Further, some crimes
that are often thought of as general intent crimes have alternate
elements that can turn the offense into a specific intent crime.
Consider the crime of
assault
as an example. Utah's statutes defining the crime of assault generally
provide multiple alternative elements by which a charge of assault can
be proved.
One alternative set of elements under Utah's
assault laws requires evidence that the defendant "attempted" to do
bodily injury. A crime that involves an "attempt" will almost always
involve an element of specific intent. In an assault case prosecuted
under the "attempt" alternative, the prosecutor must present evidence
that the defendant had the actual intent or purpose to cause injury.
Another
alternative set of elements requires proof that a defendant made a
threat that was accompanied by a show of force. The concept of a
"threat" has an inherent element of intent. If a person waves a hand in
the air to say hello, that is no threat. If someone else sees the
friendly wave and mistakenly interprets it as a threat, the person
waving still is not making a threat. It is only when the person waves a
hand in the air with the intent to intimidate, cause fear, etc. that an
actual threat is made.
A third alternative set of elements
that can support an assault charge in Utah includes "an act committed
with unlawful force or violence" that causes injury. This alternative
is often viewed as requiring only general intent, and in some cases
that assessment would be correct. But to be certain, the facts
surrounding the use of force and the causation of injury would need to
be evaluated.
Under basic principles of Newtonian physics,
any act that results in an injury must necessarily involve some
kind of "force" (as well as a second force which must equal the first
force -
equal and opposite reaction). But not every use of "force" is unlawful.
Often it is the actor's intent that makes a force unlawful. A doctor
who accidentally slips with a scalpel might cause a laceration injury
to a patient that would be similar to the injury caused by
someone
who attempts to stab an opponent with a knife during a fight. The
severity of the laceration might be different. But it would still be
the intent of the actor that would make the difference between "lawful"
and "unlawful" use of force.
Defense or Mitigation
Regardless of whether a crime is a general intent offense or a specific
intent offense, if a defendant has a mental illness then a possible
defense relating to that mental illness should be considered. In some
circumstances, the mental illness may serve as the basis for a complete
defense to the charge. But even if there is not a complete defense
based on the mental illness, case mitigation can often be supported by
demonstrating how the mental illness could have contributed to the
commission of the crime or how proper treatment of the condition will
reduce the risk of recidivism.
Finding a Defense Attorney in Utah

Any
criminal conviction can carry serious
consequences.
Whether you are facing
felony
or
misdemeanor
charges, having an experienced defense attorney on your side is
critical to achieving the results you need.
The right defense
strategy
and the right
criminal defense
attorney
can make all the difference.
Contact
us today to
see how we can help you.