Charged With a Crime During a Mental Health Crisis: Your Rights and Defense Options in Washington
A mental health crisis doesn't make someone a criminal. But in Washington State, people experiencing psychiatric episodes, severe anxiety, or other mental health emergencies are sometimes arrested and charged before they ever receive appropriate care. If this has happened to you or someone you love, it's important to know that the legal system has options — and that the right defense attorney can make a meaningful difference in how the case unfolds.
Can a Mental Health Crisis Affect Your Criminal Case?
Yes — in several significant ways. Washington law, under RCW Chapter 10.77, recognizes mental health as a relevant factor at multiple stages of a criminal proceeding. Depending on the circumstances, a mental health crisis can affect your competency to stand trial, your ability to form the intent required for certain charges, and whether your case is diverted out of the traditional criminal system entirely.
Competency to Stand Trial
Before a case can move forward, a defendant must be competent — meaning they must be able to understand the charges against them and meaningfully participate in their own defense. If there is reason to believe a defendant may not be competent, the court can order a mental health evaluation.
If a defendant is found incompetent, the case is paused. Washington courts may then order competency restoration treatment, which can take place on an inpatient or outpatient basis. If restoration is successful, the case resumes. If not, the court may consider other options, including civil commitment proceedings under RCW 71.05.
Raising competency concerns early — before proceedings go too far — is one of the most important things a defense attorney can do in these cases.
The Diminished Capacity Defense
Diminished capacity is different from an insanity defense. It doesn't argue that a person didn't know right from wrong — it argues that a mental disorder impaired their ability to form the specific intent required for the crime charged.
Many crimes in Washington require proof of a specific mental state, such as acting "intentionally" or "with premeditation." If a mental health crisis affected your ability to form that intent at the time of the alleged offense, expert testimony can be used to challenge whether the prosecution can actually prove what the law requires.
Washington courts recognize diminished capacity in cases involving assault with intent, burglary, malicious mischief, certain domestic violence charges, and many other felony offenses. It is a nuanced defense that requires early preparation and qualified mental health experts.
Mental Health Court and Diversion Programs
For many defendants, the most important option isn't a traditional defense at all — it's diversion. Washington operates a network of Mental Health Courts across the state designed to redirect qualifying defendants away from prosecution and toward treatment.
King County's Regional Mental Health Court (RMHC) is one of the most established in the state. To be eligible, a defendant generally must have a diagnosed severe and persistent mental health disorder, face charges being prosecuted in King County, and be willing to participate in a supervised treatment plan. Cases can be referred at any stage of proceedings — from filing through post-sentencing — and anyone, including defense counsel, can initiate the referral.
Successful completion of a mental health court program can result in reduced charges or full dismissal. Participation is voluntary, but for eligible defendants, it is often the path that offers the best long-term outcome.
You can learn more about King County's RMHC directly from the King County District Court.
What to Do If You or a Loved One Was Arrested During a Mental Health Crisis
Time matters in these cases. The earlier an attorney is involved, the better positioned they are to raise competency concerns, gather medical records, engage mental health experts, and pursue diversion before the case moves down a path that is harder to redirect.
Gather any documentation of prior mental health treatment, hospitalizations, medications, or crisis interventions. This information can be critical in building a defense strategy or supporting a diversion application.
Verity Criminal Defense Is Here to Help
At Verity Criminal Defense, we approach these cases with both legal precision and genuine compassion. We understand that the criminal system can feel overwhelming when mental health is at the center of a case — and we know how to navigate it on your behalf.
If you or someone you love is facing charges connected to a mental health crisis in Washington, don't wait to get help.
Contact Verity Criminal Defense Today.
Give us a call or contact us for your free case review. We’re available 24/7 and are prepared to guide you through this process.
We are located in Everett but serve clients across King, Pierce, Snohomish, and Skagit counties, including Seattle, Bellevue, Tacoma, and Everett.