Felonious assault

If you are charged with felonious assault that was caused by an undiagnosed Mental illness like schizophrenia what is usually the punishmet for the crime.
The person has just been diagnosed with schizophrenia is is currently being treated with medication . And why don't the police take a person to a mental facility instead of jail when it is requested by a family member that know the person is mentally ill.

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Originally Posted by Unregistered If you are charged with felonious assault that was caused by an undiagnosed Mental illness like schizophrenia what is usually the punishmet for the crime. The person has just been diagnosed with schizophrenia is is currently being treated with medication . And why don't the police take a person to a mental facility instead of jail when it is requested by a family member that know the person is mentally ill.

Although the person my be mentally ill, does not exempt them from the law or penalties of the law.

HOWEVER, if this person were to advise the court that they were "out of character", the court may order an evaluation of the defendant upon conviction and prior to sentencing.

And depending on the circumstances, the police may exercise the right to detain the accused, and request an court order from the court to transfer the accused to a mental instatution if they can show just cause. But they cant do this without such order. The only alternative is to keep them detained within their custody, which may include being around other inmates, until a judge can make such a decission.