What are the elements of a diminished capacity defense?

In California, a diminished capacity defense is a defense to criminal liability on the basis that the defendant lacked the mental capacity to form the criminal intent required for the offense charged. To succeed with this defense, the defendant must prove that he or she was suffering from mental illness, intoxication, or some other mental state that prevented them from forming the mens rea or criminal intent for the particular crime. In California, most courts accept diminished capacity as a valid defense to criminal liability. A successful diminished capacity defense requires the defendant to prove that at the time of the crime, the defendant lacked the mental capacity to form the requisite criminal intent. The defense must also prove that the mental impairment was not caused as a result of voluntary intoxication. In order to raise the defense, the defendant must provide evidence that the defendant was suffering from some form of mental illness or incapacity at the time of the crime. This can include evidence of long-term mental illness or the use of medication which can be proven via expert testimony or other evidence. The defendant must also provide evidence that the mental illness or incapacity impaired his or her ability to form the requisite mental state at the time of the offense. In other words, the evidence must demonstrate that the defendant was unable to form the intent necessary for the crime charged. If successful, the court may grant the diminished capacity defense and reduce the charge from a felony to a misdemeanor or even dismiss the case entirely. However, this defense is not available for all crimes, as it does not apply to certain offenses, such as perjury and homicide.

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What are the elements of a diminished capacity defense?

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