Postpartum Depression in Wisconsin Criminal Cases

 Posted on September 20,2024 in Criminal Defense

When people imagine a woman who just gave birth to a healthy baby, they often think about a mother happily snuggling her cooing newborn. Unfortunately, for women who suffer from postpartum depression (PPD), that picture can seem a lot more like fantasy than reality. When PPD turns into postpartum psychosis, the severe confusion, depression, hallucinations, and suicidal ideation that can result can lead the mother to harm her child in a way she otherwise would never imagine. When facing charges of domestic violence, child endangerment, or even infanticide, an experienced Walworth County, WI criminal defense lawyer can advise you on whether postpartum depression can be used as a mitigating factor in your defense.

Mitigating Factors in Wisconsin Criminal Cases

While judges tend to follow sentencing guidelines, many consider the surrounding factors. Some, like a history of violence and crime, are aggravating circumstances that could make a judge impose a harsher-than-average sentence for a particular crime. Other factors can be mitigating circumstances. If a defendant was a victim of violence in the past, contributes to her community, or has a history of being a stable, law-abiding citizen a judge might consider a more lenient sentence. As the Wisconsin Court of Appeals states: "Whether a particular factor will be considered as a mitigating or aggravating factor will depend on the particular defendant and case." In cases of mothers harming their babies, postpartum depression is increasingly being used as a mitigating factor in the defense’s case.

Pleading Insanity in a Wisconsin Defense

PPD affects about 10-20 percent of new mothers. It is generally defined as an extremely severe episode of depression that can last two weeks or longer. When undiagnosed and untreated, it can develop into postpartum psychosis, which is much more extreme. Symptoms can include hallucinations, altered sense of reality, paranoia, and homicidal or suicidal thoughts, which can certainly make someone act differently than they otherwise would.

According to Wisconsin law, you cannot be held responsible for any criminal behavior if you were suffering from mental illness at the time of the crime and lacked the ability to understand that what you were doing was wrong. When you exercise your right to plead "not guilty by reason of insanity" you are not claiming that you did not do what you are accused of doing; you are admitting that you did it, but claiming that your lack of intention at the time prevents you from being held accountable and getting punished for it. Postpartum is a medically-recognized form of mental illness and can therefore be used to defend against criminal charges for harming a child. However, it is important to be wary of the taboo that PPD still has in society because it could affect how sympathetically a jury might view you.

Schedule a Free Consultation with a Milwaukee, WI Criminal Defense Attorney

If you are facing criminal charges for your actions while you were suffering from PPD, speak with a dedicated Milwaukee County, WI criminal defense lawyer to understand your options. At Bucher Law Group, LLC, we handle cases like yours with compassion and sensitivity while fighting aggressively to protect your rights. Call us at 262-303-4916 to schedule a free consultation.