If I got into trouble shoplifting but have recently been diagnosed with kleptomania, will this help my case?
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If I got into trouble shoplifting but have recently been diagnosed with kleptomania, will this help my case?
I have been going to therapy and am medicated.
Asked on January 29, 2015 under Criminal Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
It *might* be seen as a mitigating factor (one reducing the severity of the punishment you would receive), but is not a defense: people are liable for their actions despite conditions which make it more difficult to control their actions (e.g. alcoholics are liable for DUI/DWI; people who were abused themselves as children are liable for any abuse they do; people with anger management issues are liable for assault; etc.). It may be a good idea to bring this up to the authorities and/or in court, to see if it may help you get a lesser punishment, but as stated, will not be a complete defense.
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