Could Your Autistic Child Be Exempt from the Most Severe Legal Consequences Even If They Committed a Crime?

David Lindsey, Attorney at Law
autistic child arrest

If your autistic child is accused of a crime, they may be exempt from the most severe legal consequences. This is because the courts recognize that autistic children often have difficulty understanding and following rules and may not be able to control their behavior.

However, this does not automatically exempt your child from all legal consequences should they commit a crime. The court will still consider the specific circumstances of the case and the severity of the offense when making a decision.

Was Your Child Accused of a Sex Crime?

There are a few things to keep in mind if your child is facing charges. First, it is important to remember that your child has a right to a fair trial. You should do everything you can to ensure that your child receives a fair hearing.

Second, it is important to understand that the autism diagnosis itself is not a crime. Nobody will assume your child is guilty solely due to their diagnosis.

Third, you should be prepared to work with your child’s therapists and other professionals. This ensures that they are receiving the best possible care. This may include making sure that your child has access to appropriate resources and services.

Finally, it is important to remember that you are not alone. There are many resources and support groups available to help families in this situation.

Can You Use Autism as a Criminal Defense?

Autism might serve as part of the defense of children accused of a crime. It depends on the specific facts of the case and whether the court believes that autism significantly impaired your child’s ability to understand the wrongfulness of his or her actions.

People with autism sometimes misunderstand the consequences of their actions.

For example, they may not realize that stealing is wrong because they do not understand the concept of property ownership. Or they may not realize that punching someone is wrong because they do not understand the pain that they are causing.

For autism to be a successful defense, you’ll need to show that it significantly impaired your child’s ability to understand the wrongfulness of his or her actions. This can be a difficult standard to meet.

It is important to note that, even if autism does significantly impair their ability to understand the wrongfulness of their actions, they may still be found guilty of a crime. In some cases, the court may find that the public needs protection from your child’s actions. This is true even though they did not understand that they did anything wrong.

Advocate for Your Child and Support Them throughout the Legal Process

Acting as your child’s advocate during this challenging time is one of the most important things you can do.

This begins with making sure the prosecutor takes your child’s autism diagnosis into account.

If you haven’t already, educate yourself about autism spectrum disorder and how it can impact a person’s behavior. This way you can better understand your child’s actions. Be patient and understanding with your child as they go through the legal process. The entire thing can be very confusing and overwhelming.

It also helps to seek support from other parents of autistic children, as they can offer valuable insight and advice.

Finally, and perhaps the most important thing you can do is to hire an experienced lawyer. Find someone who is familiar with autism and how it affects a person’s ability to understand and comply with the law.

You can learn more about autism from the CDC.

If you have concerns that your autistic child may be accused of a crime, it is important to speak to an experienced criminal defense attorney who can help protect their rights.

Our Location

Downtown Denver Office Also Available

7887 E Belleview Ave

Greenwood Village, CO 80111

Get in Touch

Fill out the contact form or call us at (303) 228-2270 to schedule your free 30-minute consultation.
  • Phone Icon Free 30-Minute Consultation
  • Availability Icon Available 24/7
  • No Fee Icon Messages From New Clients Returned Promptly

Leave Us a Message