Military service demands extraordinary physical and mental resilience. It’s also notorious for leaving service members with mental health challenges. The toll of combat, high-stress environments, and long deployments can lead to severe mental health challenges, including post-traumatic stress disorder (PTSD), depression, and anxiety. Unfortunately, these conditions sometimes contribute to criminal behaviors – and charges under the Uniform Code of Military Justice (UCMJ).
If you’re facing a court-martial or an appeal while dealing with PTSD or other military-related mental health conditions, understanding your legal options is the key to protecting your rights.
PTSD and Mental Health in Military Criminal Cases
Mental health disorders, including PTSD, may influence a service member’s actions and decision-making. Some common issues include:
- Self-Medication and Substance Abuse – Many service members with PTSD turn to drugs or alcohol to cope. This can lead to charges such as possession, DUI, or other misconduct.
- Violence or Misconduct Due to Trauma Responses – PTSD and other conditions can trigger impulsive or aggressive behaviors. Unchecked behaviors may result in charges like assault or insubordination.
- Impaired Mental Capacity – A service member with severe mental health issues may not fully understand the consequences of their actions. This can be a key factor in their legal defense.
- Suicidal Ideation or Self-Harm Incidents – When service members are struggling with mental health problems, they may express suicidal ideation or try to harm themselves. Instead of receiving proper medical care, service members may face punishment for behavior linked to their mental health struggles.
How a Military Criminal Appeal Attorney Can Help
When a military member is convicted in a court-martial, appeals can provide an opportunity to challenge the conviction or sentence – especially if mental health factors weren’t considered during the original trial. Here’s how a military criminal appeal attorney can help.
Reviewing Trial Errors and Ineffective Counsel Claims
Mental health conditions should be evaluated during the initial trial – they can have a significant impact on a service member’s behavior. If the defense team failed to present crucial medical evidence, secure expert testimony, or argue for mental health-based relief, an appeal could challenge the original counsel’s representation.
Introducing New Mental Health Evidence
Because the stigma around mental health issues in the military runs deep, service members often decline to reach out for help. In other cases, they may not receive sufficient assistance, or their PTSD or mental health conditions were not diagnosed until after their conviction. If new medical evidence emerges, an appeal could help ensure that this information is considered, whether for sentencing or case reevaluation.
Arguing for Clemency or Sentence Reduction
Even if an appeal does not overturn a conviction, it can result in a reduced sentence or clemency. This is particularly likely when mental health factors are taken into account. Overall, an appeal may lead to a more favorable outcome, such as a discharge upgrade or a reduction in penalties.
Challenging Unfair Punishment or Command Influence
In some cases, a military member may face disproportionate punishment – this is unfortunately common when there’s a lack of understanding about common mental health conditions. A skilled appellate attorney can investigate whether external pressure or bias contributed to the case outcome.
Talk to a Court Martial Appeals Attorney Today
Court Martial Law Division – A Division of Aviso Law LLC understands the unique challenges that military members face in the military justice system – especially if they’re dealing with mental health issues like PTSD. Our firm has witnessed how PTSD and other mental health disorders can affect your behavior, your moods, and your overall outlook. We believe all service members should be treated with respect and understanding, especially after their sacrifices to serve our country.
Our firm offers compassionate, experienced representation for service members. If you or a loved one is facing a military criminal appeal and mental health factors were not properly considered, contact our Colorado Springs office today. Our knowledgeable attorneys can guide you through the appeals process and fight for a fair outcome.
