Is Bipolar Disorder a Possible Defense to Assault and Battery

im medically diagnosed bi polar 2 and severe anxiety and depression.im on medications, my dr and I are still trying to find the right cocktail with, If you will. I went to a bar with friends and the next thing I know I wake up in jail not knowing what im doing there or what happened, until im told assault class A mis., I was in shock.i don't have a criminal record, and don't want to start one . and im supposed to go to court next week. how can I stand in court defending myself when I have no recollection... simply, my question is being dignosed bi polar, can that be used as grounds for a lesser punishment or even dismissal/warning. TX

You need an attorney - fast.

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Quoting starry117

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my question is being dignosed bi polar, can that be used as grounds for a lesser punishment or even dismissal/warning. TX

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No.

You willingly went to the bar.

You knew about your condition.

You should have been smart enough to know that going to a bar was a bad idea.

You got drunk and, like many drunks, don't remember what happened to you.

Get yourself a lawyer or it's likely to be a slam dunk conviction.

So you are bi polar, taking meds for such, which you are unfamiliar with the action of and were mixing them with alcohol. You need a lawyer. The only way that might work in your favor is if you have already had a guardian appointed to manage your affairs due to being incompetent.

Alcohol is a known depressant. If you're going to choose to consume it, despite the warnings associated with your medications, the court isn't going to see it as an "accident". Get yourself an attorney AND get yourself some treatment for your alcohol problem. Believe it or not, things really CAN get worse from here.

I have to agree with the other posters here…None of the mental health issues you mention are going to help you in court. None of those mental health issues are the reason you cannot remember the incident – The cause of your non-recollection is either sever voluntary intoxication or some medical or mental health issue that you have not mentioned. Since you cannot remember the incident, you also cannot claim that any of your mental health issues caused the behavior that got you arrested. As others have mentioned, your voluntary alcohol consumption, and the likely interaction with your meds (which, I’m sure, came with warnings about mixing with alcohol), will not be seen by the court as a defense for your subsequent assaultive behavior.

However, an attorney may get a sympathetic judge to buy that your mental health issues and/or your unfamiliarity with how a combination of alcohol and your meds affect your behavior are a mitigating circumstance when it comes to sentencing. An attorney may even be able to use those factors to negotiate a favorable plea deal with the prosecutor. But, you definitely need to get an attorney – immediately.

thank you all for your input, I very much appreciate it