Petty Crimes & Misdemeanor Defense Litigation

Petty Crimes & Misdemeanor Defense Litigation

Have you been charged with a petty crime or misdemeanor? You should call me, I am a Lynchburg Petty Crimes & Misdemeanor Defense Litigation Attorney. Petty crimes and misdemeanors have a lesser sentancing liability then felonys. However, you should still call me if you have been charged with a crime. I can provide a free consultation. (434) 660-9701

Evidence of Mental Condition as a defense:

Evidence of Mental Condition to Show Lack of Intent
Virginia Code 19.2-271.6- allows the defense to put on evidence of a mental
condition without having to plead not guilty by reason of insanity. Evidence of a mental health condition is admissible if it tends to show the defendant did not have the requisite intent required for the offense charged.

Evidence of Mental Condition to Show Lack of Intent
Limitations:
1. Only to show lack of intent.
2. While it’s relevant to show intent, the other rules of evidence still apply.
3. The Mental Condition must exist at the time of the offense.
4. Condition must satisfy the diagnostic criteria for a mental illness, developmental or intellectual disability or autism spectrum disorder.

Notice:
Must provide written notice to the Commonwealth 60 days before circuit court
trial and 14 days before General District Court or Juvenile & Domestic Relations trial.

If you intend to use this defense it opens up a lot of reciprocal discovery:
1. The defense must provide to the Commonwealth any written reports of the
expert’s finding or a written summary of the witness’s opinions and their
bases along with the witness’s qualifications and contact information.
2. The defense shall allow the Commonwealth to inspect, copy or photograph
any written reports of any physical or mental examination of the accused
made in connection with the case. While the Commonwealth is prohibited
from using statements made by the accused in these reports in its case in
chief, the door is left open for the Commonwealth to use them in rebuttal.

● Before this statute the defense had to pick between his client being treated
as the perfectly typical, reasonable person or as criminally insane. Now a
middle ground is available

● There is very little case law on this statute now.

Evidence of Mental Condition to Show Lack of Intent

Possible uses as a defense for:
1. Possession of stolen goods
2. Possession of drugs
3. Fraud charges

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm available for free consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Criminal Defense Attorney and Car Accident Lawyer. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube ChannelInstagramFacebookTwitterLinkedInTumblrBloggerReddit, Yelp, Avvo and Justia. Thank you for your time and consideration.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram