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Can a assault charge be dropped

Kent, WA |

Can a charge for 2nd Degree Assault be dropped if you can prove and have doctors saying you are bipolar?

2nd degree child assault. No prior criminal history.

Attorney Answers 6


  1. Seems to me you are asking whether Bipolar disorder would be a defense to a charge of assault. I will defer to attorneys from WA who weigh in on this question, but I would expect that the answer would be NO. It might be a matter of benefit should there be a sentencing hearing after conviction. Be sure the Defendant has as good an attorney as can be afforded. The crime described will likely result in placement in a statewide database of persons found guilty of abuse against children. A variety of employment options would close securely.


  2. The first thing you need to do is hire a competent criminal defense attorney. Bring all your mental health history and medical records to your attorney to review. Sign a release form for your attorney to get ALL your records from all your providers. Mental Health defenses are just that, a defense or in some instances, a mitigator to the crime charged. Each state handles these issues based on their individual statutes. Your attorney will advise you as to the use of a mental health condition.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..


  3. Any charge can be dropped for any reason. The trick is talking the prosecutor into dropping the charge. For that, you need an attorney advocating for you. Assault requires intent. If your bipolar disorder prevents you from forming the necessary intent, that may be a defense. Hire a lawyer.


  4. It is very unlikely that a charge would be simply dropped because of a bipolar condition, especially a charge of Assault of a Child in the 2nd degree--which is a very serious charge. You need to talk to an attorney. If you cannot afford an attorney, then a public defender will be appointed for you. Mental disorders such as bipolarity can lead to a reduced charge with a reduced sentence, but your attorney would be in the best position to understand all of the details and negotiate the case for you.


  5. Whoa I am Bipolar and it comes in widely varying degrees, it is often treatable. You need to consult an experienced criminal attorney and explore your options as this is a very serious charge and juries do not like child abusers.

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.


  6. I've read through the previous answers. It seems what you are getting at in regards to BiPolar disorder is the issue of Diminished Capacity. This is from State v. Thomas, a Washington State Div. I case decided in 2004: Criminal Law - Diminished Capacity - Expert Testimony - Admissibility - Test - Forensic Application - Necessity. ER 702 governs the admissibility of expert testimony offered by a criminal defendant in support of a diminished capacity defense. The diminished capacity defense requires expert testimony demonstrating that the defendant had a mental disorder, not amounting to insanity, that impaired the defendant's ability to form the mental state required to commit the crime charged. The expert testimony must establish how the alleged mental condition impaired the defendant's ability to form the requisite level of intent; i.e., the expert testimony must logically and reasonably connect the defendant's alleged mental condition with the asserted inability to form the mental state required to commit the crime charged. It is not enough that the defendant is diagnosed as suffering from a particular mental disorder. The expert testimony offered in support of a diminished capacity defense must be capable of a forensic application that would assist the trier of fact in relating the defendant's disorder to the defendant's mental state at the time of committing the crime.

    The bottom line is that this defense is expensive, but if you qualify for a public defender, the state has to pay for an expert. Good luck. If you ask around on the west side of the state, there are few mental health practitioners that testify in these cases.

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