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TexLaw, Attorney
Category: Criminal Law
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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How can i prouve that i'm a kleptomaniac and not a theif

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How can i prouve that i'm a kleptomaniac and not a theif
Submitted: 5 years ago.
Category: Criminal Law
Expert:  TexLaw replied 5 years ago.
You ask whether proving that you are a kleptomaniac will serve as a defense to theft.
To prove that you are mentally incompetent and thus cannot be guilty of a crime requires a showing that your mind is so mentally imbalanced that you can no longer tell the difference between right and wrong. Kleptomania, while a mental illness, does not rise to the level of mental instability required by law to satisfy the insanity defense.
Also, practically, it is a very expensive defense to put on. It requires a mental health profession to come to court and testify on your behalf. The expense probably is not justified given you will be charged with petty theft in your case.
Sorry I couldn't give you better news. On a brighter note, if you do truly have kleptomania, you should take in documentation from your doctor/mental health profession to show this to the DA. The DA might agree to lower or drop the charges. If you are convicted, this information could be used in the sentencing phase to allow the court to not punish you harshly.
Good Luck,
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