Your mental status (both today and at the time of the alleged crime) will be a significant factor in this.
Specifically, if you were incompetent at the time of the offense, it may be that you can be acquitted (found not guilty) by reason of insanity.
That said, the insanity defense is a difficult route to take for a criminal defendant. For several reasons.
First, in KY, the state uses the Model Penal Code rule. The burden of proof is on the defendant. Under this rule, an individual is not liable for criminal offenses if, when he or she committed the crime or crimes, the individual suffered from a mental disease or defect that resulted in the individual lacking the substantial capacity to appreciate the wrongfulness of his or her actions or to conform his or her actions to requirements under the law.
This can be tough for the defendant, since unlike a normal criminal trial
, where the state must prove guilt, beyond a reasonable doubt, to escape conviction of the insanity defense, the defendant must prove they were insane at the time.
Also, even if they win? The do not walk free...the defendant may escape conviction, but if they will by proving they were insane, they can be sent to a mental institution where they are to be held until staff at the institution certify them as "no longer insane".
So, for example, in a case where the possible sentence for criminal misconduct is, say, 5 years, and a person is acquitted by reason of insanity, it could be they serve more than 10 years in a mental institution.
Still, the fact you have doctors who believe you are/were not competent can help your case. It may help convince the prosecution to give you a lower sentence in a plea agreement
After the grand jury comes back with an indictment, I would expect the prosecutor to offer you a plea bargain. If you have no prior convictions and no one was injured, it may be the offer you a plea deal for little or no jail time, provided you agree to received treatment for your mental health issues. This is very common for defendants who are facing criminal charges but who have significant mental health issues. In a typical case the state will agree to probation for several years, and a requirement that the defendant undergo mental health treatment during the probation.
I would work with your lawyer to try and negotiate a sentence that does not include jail time, but allows you to continue to received mental health treatment and remain on probation during that timeframe
Please let me know if you have more questions...happy to assist if I can