Can My Mental Illness Impact How I Am Sentenced in Ohio?

 Posted on September 29, 2025 in Criminal Defense

Facing criminal charges is stressful for anyone, but it can be especially overwhelming if you live with a mental illness. You may wonder whether the court will take your condition into account when deciding your sentence. In practice, mental health can influence how judges handle sentencing in Ohio. A Summit County, OH criminal defense lawyer can explain how the law works so you can prepare the strongest possible defense.

How Does Ohio Law Consider Mental Health in Sentencing?

Ohio judges have some flexibility when sentencing defendants. Under Ohio Revised Code § 2929.12(C)(4), courts are authorized to consider whether "substantial grounds exist to mitigate the offender’s conduct" even if those grounds are not a legal defense. Mental illness can often fall into this category. This means your condition may not excuse the crime, but it can lead to a reduced sentence if the judge believes it affected your actions.

What If I Don’t Feel Competent to Stand Trial Because of Mental Illness?

Before sentencing, the court must determine whether you are competent to participate in your case. Competency means you understand the charges against you and can assist your lawyer. If there are doubts about your mental fitness, the court can order an evaluation. If you are found incompetent, the case may pause while you receive treatment. Once you are considered competent to stand trial, the proceedings continue.

Can I Use the Insanity Defense for an Ohio Criminal Case?

Ohio also recognizes the legal standard of "not guilty by reason of insanity" (NGRI) under Ohio Revised Code § 2901.01. This is different from mitigation at sentencing, because NGRI is a complete defense. It does not seek to get you a reduced sentence but to have you be found not guilty altogether.

You can only use an NGRI defense if you can prove a severe mental illness keeps you from knowing right from wrong. If this succeeds, you are not sent to prison but instead committed to a treatment facility until doctors and the court agree it is safe to release you.

What Alternatives to Jail Are Available for People With Mental Illness in Ohio?

Many Ohio counties, including Summit County, offer specialized mental health courts. These courts focus on treatment and support services rather than punishment. If you qualify, you may enter a treatment plan supervised by the court. When the plan is completed, your charges might be reduced or even dismissed.

How Can Mental Illness Affect Sentencing Outcomes?

The effect your mental illness has on your sentence depends on factors like the seriousness of the charge, your past record, and whether you are getting treatment. If the judge finds enough reasons, they may lower your sentence, send you to a treatment program instead of jail, or require counseling and medical care as part of probation. These results are not guaranteed, but a defense lawyer can show the court why your condition should be considered.

Contact a Wadsworth, OH Criminal Defense Lawyer

If you or a loved one is facing charges and mental health is a concern, do not face the court alone. At The Law Office of Whitney K.S. Miller, LLC, our Summit County, OH criminal defense attorney will fight for your condition to be fully considered so your rights can be protected. Call 330-725-4114 today to schedule your initial, private consultation.