Deferred Prosecution in Pennsylvania Felony Case Based on Mental Disease Defense
November 26, 2019
Our client, a forty-five (45) year old male, was arrested in State College Pennsylvania and charged with various Felony charges involving his breaking and entering into two (2) homes. Our client’s family, who have known Mr. Greenberg for over thirty (30) years, hired Mr. Greenberg to represent the young man in Pennsylvania when local counsel could not favorably resolve the case. Immediately, Mr. Greenberg discovered that the client’s history involved severe mental illness and at the time of the client’s actions, he was delusional. Mr. Greenberg immediately subpoenaed past medical records, which were extensive, and filed a Notice of Insanity Defense, (In New York, the term “Insanity” has been replaced with “Mental Disease or Defect”) indicating that at the Trial the client would interpose a defense that he was not responsible for his actions based on mental incapacity. After extensive Conferences with the District Attorney, Mr. Greenberg was able to convince the District Attorney that the client should not be held criminally responsible because at the time of the act he could not form an intent to commit a crime. Instead of a trial and a possible jail sentence on a Felony, the District Attorney agreed to a Deferred Prosecution wherein the client will receive counselling for a two (2) year period and upon successful completion, the charges will be dismissed and sealed as if the incident never occurred! Todd Greenberg and the attorneys at Addabbo and Greenberg are available to help in any Criminal matter no matter what State. Our experience in Mental Disease defenses is extensive. Please call us at 718-268-0400 or visit us at www.www.addabboandgreenberg.com.