Veterans who have bravely served their country sometimes face legal issues connected to Post Traumatic Stress Disorder (PTSD). Veterans in this situation need to grasp the legal aspects of asserting PTSD as a legal defense in court so that they are treated fairly. 

In this blog post, the San Antonio domestic violence lawyers at Stephen T Bowling, DWI & Criminal Defense Attorneys go over important points that veterans should know about employing a PTSD Defense in San Antonio, TX. We will explain what PTSD is, its signs, how it affects people differently, and how it can be used as a solid defense if you have been charged with domestic violence in San Antonio, TX.

What is the Definition of Post Traumatic Stress Disorder (PTSD)?

Post Traumatic Stress Disorder (PTSD) is a mental health condition that arises after experiencing or witnessing a traumatic event. The American Psychiatric Association defines PTSD as an anxiety disorder that is the result of an extreme reaction to “an event outside the range of usual human experience and that would be markedly distressing to almost anyone,” leading to feelings of fear, terror, and helplessness that causes a person to be a threat to themselves or others. 

PTSD can be recognized as a valid defense in certain cases, such as domestic violence cases, especially when it impacts an individual’s behavior and actions. For veterans, the recognition of PTSD as a valid defense takes into account the unique challenges they may have faced during their military service, which can contribute to the development of PTSD.

What Are Signs of PTSD?

PTSD shows itself through different signs that can vary from person to person. PTSD can impact anyone, regardless of their background, but we often associate the condition with veterans of war and law enforcement professionals.

Common signs of PTSD are as follows:

• Flashbacks: Strong and troubling memories of the upsetting event.
• Avoidance: A strong desire to avoid any reminders of the traumatic event, which could cause the person to avoid being around others.
• Negative Thoughts and Feelings: Persistent negative emotions, blaming oneself, and feeling disconnected from other people.
• Hyperarousal: Exaggerated responses to being startled, being easily annoyed, and having trouble sleeping.
• Intrusive Thoughts: Unwanted and disturbing thoughts related to the upsetting event.

How Does PTSD Affect People Differently?

PTSD doesn’t affect everyone the same way. Due to their particular experience, each individual (especially veterans) might be affected by PTSD differently. For example, some veterans with PTSD might find it hard to sleep because they are always on high alert, which affects their sleep patterns and overall well-being. Nightmares are also a common problem for some suffering from PTSD, which can negatively affect both an individual’s mental and physical health. Furthermore, others may be easily irritated or quick to lash out at people who annoy them because they are constantly thinking about the traumatic event they experienced. 

4 Things to Know About Mounting a PTSD Defense in San Antonio, TX

The complex connection between mental health disorders and human behavior has long fascinated both psychologists and legal scholars. This raises an important question as it relates to veterans of war who have been charged with criminal offenses: Can PTSD be considered a legitimate defense in a criminal case? This thought-provoking question not only delves into the intricacies of the issue but also highlights its significance.

Here are 4 things all veterans in San Antonio need to know about mounting a PTSD defense: 

1. Insanity as a Defense: In criminal law, there is a concept known as the insanity defense, which applies to mental disorders. This defense argues that an individual’s mental state can affect their responsibility for committing a crime, such that an individual who was suffering from a mental disorder at the time they committed a criminal offense is less responsible for his or her actions. 
2. PTSD is Being Taken More Seriously: In recent times, both federal and state courts have begun to take PTSD more seriously as a contributing factor in criminal defenses. This demonstrates society’s evolving perception of mental health. People are increasingly recognizing the significance of mental well-being, and this has influenced how the legal system approaches cases involving mental health issues.
3. The Ways a PTSD Defense Can Impact Your Domestic Violence Case: PTSD plays a complex role in criminal cases, and can serve two primary purposes: 
   1. It can be used to demonstrate that you lacked understanding of your actions (insanity defense); and
   2. It can be employed to explain the motives behind your behavior (mitigation). For veterans facing domestic violence charges in San Antonio, TX, PTSD defense strategies can be employed to provide the court with a new perspective and understanding of why they acted in a certain way.
4. Having PTSD is not an Automatic Acquittal: It is important to understand that presenting PTSD as a defense to a criminal charge, such as domestic violence, does not automatically guarantee an acquittal. The legal process is multifaceted and success depends not only on having PTSD but also on how skillfully your attorney presents your case. 

An experienced San Antonio criminal defense attorney who possesses a good understanding of PTSD can vividly depict to the court the profound experiences that you have gone through, as well as the mental and emotional challenges that you are dealing with as a result of those experiences. This may not only captivate the hearts and minds of the judge and jury but also deeply resonate with the ideas of fairness and justice.

PTSD Defense San Antonio, TX: Key Takeaways

A mere PTSD diagnosis won’t automatically render you not guilty of domestic violence. Rather, it can strengthen your case by providing a rationale behind the incident. What’s more, success will not only be determined by acknowledging the impact of the trauma you have experienced, but also by the skill with which your lawyer mounts your PTSD defense. 

If you or someone you care about is a veteran facing a domestic violence charge or other legal issue linked to PTSD in San Antonio, TX, contact the Stephen T Bowling: DWI & Criminal Defense Attorneys for a free case evaluation.