The autism spectrum disorder attorneys at the Church Law Firm have earned a strong reputation fighting on behalf of autistic individuals charged in criminal cases. As our society learns more about autism spectrum disorder, and how autistic individuals differ from other people who commit crimes, it is critical to have an attorney who understands autism and can explain an autistic defendant’s conduct to a judge, prosecutor, or jury.

Drawing from our experience and working with reliable experts, our firm has been able to obtain remarkable outcomes in autism spectrum disorder cases, including probation, dismissal of charges, and reduced sentences. By exploring a client’s mental health history, and often helping them diagnose previously unknown mental health conditions, our attorneys have helped clients take back control of their lives, obtain the proper treatment, and live fuller, happier lives.

If you or your loved one is facing criminal charges and has been diagnosed with autism, or struggles with undiagnosed mental health conditions, contact our firm. We are prepared to fight for you and help you obtain the best outcome possible in your case.

If a defendant in a criminal case has a diagnosis of autism spectrum disorder, or exhibits symptoms of autism, it is important to understand what that means to ensure that they are receiving adequate representation and that the prosecutor and judge are aware of the defendant’s mental health condition. Awareness of a defendant’s autism in a criminal case is important for the following reasons:

1. Impact on mens rea and criminal culpability.

   Whether an individual is guilty of a crime often turns on whether they were acting with a “criminal intent” or “criminal knowledge” when they committed the alleged offense. Often referred to as the “mens rea” requirement, the law requires that the prosecution prove beyond a reasonable doubt that the defendant knew that their conduct was illegal or that they at least knew what they were doing when they committed the alleged crime, even if they did not know the specific law they were violating.

   It is well-established by extensive scientific research that autism spectrum disorder can influence an autistic defendant’s ability to form a “criminal intent” or act with “criminal knowledge,” as autism can inhibit or prevent an individual from fully understanding social boundaries, cultural norms, and even criminal laws themselves. Autistic individuals often face difficulties in interpreting social and legal cues that seem obvious to others.

   For this reason, properly diagnosing a criminal defendant with autism spectrum disorder and emphasizing the impact of their mental health condition is critical for building a defense for trial or using as mitigating evidence in plea bargaining or sentencing. That’s especially true in cases involving complex conduct, like fraud, and cases involving actual victims–it is important to show that a defendant did not mean to harm anyone through their conduct and that the alleged offense was more the result of their autism and not malice or an intent to harm others.

2. Risk of misinterpretation in cases involving sex crimes.

   In many criminal cases, especially those involving sexual offenses like downloading child pornography, behaviors that are common in individuals with autism spectrum disorder (like literal thinking, poor social judgment, or obsessive interests) may lead to misinterpretation by a prosecutor, judge, or the jury. An autistic defendant may be misunderstood as exhibiting signs of paraphilia, sexual disorders, or a predatory intent based on these behaviors, even without any history of any inappropriate sexual interests or misconduct.

   It is important that an individual with autism spectrum disorder in a criminal case have an experienced advocate who is knowledgeable about autism, as the attorney can explain to a judge or jury that certain behaviors are not what the prosecutor says they are. In cases where prosecutors rely on taking a defendant’s words or actions out of context, knowing how to explain an autistic defendant’s conduct and state of mind can be the difference between a guilty verdict and an acquittal, or years in prison versus probation.

3. The need for accommodations throughout the legal proceedings and beyond.

   Autistic individuals who find themselves in legal proceedings often struggle with abstract legal concepts, technical language, the pacing of court proceedings, sensory overload, and the nuances of litigation. Even though many autistic individuals are high functioning or have high IQs, many are still uncomfortable in these situations and need help understanding their case, their defenses, and their legal rights.

   In this way, autism spectrum disorder can hinder a defendant’s ability to participate in his or her defense, comprehend plea offers and trial defenses, or testify effectively in their own defense. An experienced autism spectrum disorder lawyer can communicate with an autistic defendant more effectively or ensure that the right accommodations are in place to help them understand the legal proceedings and assist in their own defense.

   Autistic defendants who must serve time in prison need special accommodations to keep them safe from other inmates, receive the proper treatment, and aid their rehabilitation. It is well-established that individuals with mental health conditions are often vulnerable to exploitation by other inmates, especially those with delayed or impaired cognition. An experienced autism spectrum disorder attorney can help get a judicial recommendation or work with the BOP to apply for designation at a particular facility or placement in a particular program for inmates with mental health needs.

A diagnosis of autism spectrum disorder can make an especially significant impact in sex offense cases, such those involving charges for downloading child pornography. While autistic individuals are not more likely to commit a crime just because they are autistic, certain traits associated with autism can make autistic individuals more likely to commit certain types of crimes when they do offend. Traits like obsessive interests, internet addiction, technological proficiency, and an inability to understand social rules and cues unfortunately lead some autistic individuals to the darkest corners of the internet, where they are often exposed to illegal materials for the first time.

A hallmark feature of autism is that it causes autistic individuals to fixate on things without fully grasping the moral or legal implications, especially if the internet is involved. Another trait in individuals with severe autism is developmental delay–some autistic people are mentally still like children, and some may view children as fellow peers based on shared interests and behaviors. Yet another characteristic of autism is an inability to interpret nonverbal cues, such as those relating to consent or socially inappropriate behavior. 

These traits can all inform whether an autistic defendant acted with a “criminal intent” in sex offense cases like child pornography, rape, and child molestation. They can also explain how an autistic individual can engage in a sex offense involving a minor without being a pedophile or a sexual predator. And just as importantly, these traits often mean that an autistic defendant is highly unlikely to ever engage in the same conduct again, making them a low recidivism risk. These are all compelling reasons to treat autistic defendants differently from the typical offender in sex offense cases.

While this blog post is not intended to provide an exhaustive account of the science explaining criminal culpability in cases involving autism spectrum disorder, there has been enormous interest and research on autistic individuals in the criminal justice system. In fact, our firm has worked with a number of experts who specialize in autism spectrum disorder cases and have helped us advocate for autistic individuals charged with serious crimes, including sex crimes.

Sentencing trends reveal that many prosecutors and courts are increasingly open-minded to autism-based arguments. Working with experts, our autism spectrum disorder attorneys have convinced prosecutors to drop charges, persuaded judges to impose probation, and helped our clients diagnose untreated mental health conditions and obtain the proper treatment.

A diagnosis with autism spectrum disorder is not a defense in and of itself. However, it can change the entire trajectory of a case if understood and used properly by an experienced autism spectrum disorder attorney. That is especially true in cases where a defendant’s state of mind is the biggest issue in dispute.

A diagnosis of autism spectrum disorder can be a critical part of a defense against criminal charges if the defense can show that the defendant’s conduct was a result of their autism rather than having a criminal intent. For example, in cases where the government must prove that a defendant acted with a “specific intent” to harm another, an experienced autism attorney can show that the defendant had a “diminished capacity,” meaning they were unable to comprehend that their conduct was wrong or had a negative effect on others. In cases where the prosecution has to prove the defendant acted “willfully,” with knowledge that their conduct was illegal, the defense can show that a defendant’s autism made it difficult for them to understand the complex laws or regulations that they allegedly violated.

Showing that a defendant has autism and that their mental health condition influenced their behavior can also be powerful “mitigating evidence,” which simply means evidence showing that, even if a defendant is guilty of the alleged crime, they should not be punished severely. An understanding of a defendant’s autism can help the defense explain to a judge or prosecutor that the defendant’s offense was a result of untreated or poorly managed autism rather than malice or a predatory intent. In child pornography cases, for example, autistic defendants often do not truly understand that the images depict actual victims, and their use of the internet in these offenses creates an almost “fantasy-like” environment that makes it difficult to distinguish reality from fiction and, sometimes, right from wrong.

While autism is not an excuse for criminal conduct, it can be vital to distinguishing an autistic individual from others charged with the same offense, it can help them obtain faster and more effective treatment, and it almost always suggests that the individual poses a minimal risk of re-offending. In fact, autism spectrum disorder causes “rigid” thinking in autistic individuals that often reduces their risk of re-offending–once an autistic individual internalizes a rule or consequence, they rigidly adhere to it. An experienced autism spectrum disorder can maximize the mitigating value of a defendant’s autism and use it to advocate for reduced charges, no jail time, no sex offender registry, and other forms of leniency.

Many people who have autism spectrum disorder do not know it, as our society is only recently learning more about the condition and being proactive. While children are more frequently screened for autism than they were in the past, there are many undiagnosed adults whose daily lives are affected by autism. 

If you are charged with a crime and you or your loved ones believe you may have an undiagnosed mental health condition that relates to your charges, you should contact a defense attorney who has experience representing clients with mental health conditions, including but not limited to autism. There are many mental health conditions out there and many ways in which they can cause or contribute to a person being charged with a crime. Usually, that mental health condition can be used to explain the alleged crime and obtain a better outcome in court.

An experienced autism spectrum disorder attorney can help you get evaluated by a mental health expert, including those specializing in autism, and understand how your mental health relates to your charges. Courts increasingly admit psychiatric and neuropsychological expert testimony or reports to explain how autism spectrum disorder can influence a defendant’s behavior or impaired comprehension of consequences—especially in sex offense cases–and explain how they are not predatory or at risk of re-offending.

Autism is a complex mental health disorder, and many autistic individuals are high functioning. A reliable expert can explain to a skeptical judge or jury how even a high functioning autistic defendant did not mean to cause anyone any harm or did not understand their conduct, even if it seems obviously wrong to others. A reliable expert opinion can often be the driving factor in whether a defendant is acquitted or convicted, or whether they receive leniency in sentencing.

1. The first thing you should do is hire a defense lawyer who is specifically experienced in representing defendants with autism spectrum disorder.

   An autism spectrum disorder attorney can explain the nature of the charges and legal proceedings clearly, request appropriate accommodations, and advocate for the accused competently throughout the proceedings. Only an attorney with experience in autism spectrum disorder cases will truly understand why a defendant’s autism is important to the case.

2. With your attorney, you should obtain a full forensic evaluation by an autism expert.

   An experienced defense attorney familiar with autism can help autistic clients obtain comprehensive evaluations from clinicians specializing in autism and criminal culpability. These experts can diagnose untreated autism or review a defendant’s previous diagnosis and then explain how the defendant’s autism impacted their conduct and their alleged criminal offense.

   These experts can also provide expert testimony or reports that create an evidentiary basis for negotiating reduced charges or sentences, a diminished‑capacity defense at trial, mitigation at a contested sentencing hearing, or requesting accommodations from the court. By evaluating an autistic defendant and the evidence in the case, an expert can explain the defendant’s behavior and state of mind, which are often the most critical issues in criminal cases.

3. Your attorney should request courtroom accommodations if they are needed.

   If an autistic defendant experiences significant difficulties understanding their case or assisting their attorney due to their autism, such as due to sensory overload or inability to understand complex topics, their lawyer can ask the judge to adjust the pace of the proceedings, simplify language, allow support persons or cognitive facilitators, and reduce sensory stressors during proceedings.

4. You should explore treatment options and counseling while your case is pending, and after.

   If the alleged criminal offense stemmed from misunderstanding or impulsivity tied to autism, it is important to seek autism-specific counseling or treatment while your case is pending. Not only does this help autistic individuals manage the stress and anxiety that comes from facing charges, but it can also be powerful mitigating evidence that shows a defendant’s proactive rehabilitation.

   In cases where an autistic individual does receive a prison sentence, it is critical to be aware of an autistic inmate’s special needs. In federal cases, an experienced autism spectrum disorder attorney will be familiar with the Bureau of Prison’s different facilities and programs to ensure a smooth transition into custody, the inmate’s safety and wellbeing, and any opportunities for sentence reductions. An experienced attorney can help an autistic inmate get enrolled in the Cognitive Skills program, for example, which is a residential program for autistic individuals and others with cognitive impairments that separates them from other inmates and provides specialized treatment.

This does not constitute legal advice or an explanation of your rights under the law. Please retain an attorney for counsel on all matters related to a criminial charge in the State of Georgia.