Santa Ana, Orange County - An Orange County woman has been arrested for attempted murder on suspicion of throwing her 7-month-old son from the fourth floor of a parking structure at Children's Hospital of Orange County, leaving him with major injuries, according to Orange Police.
[UPDATE: Wednesday: The infant has died and the Orange County District Attorney has said charges would be elevated to murder, which carries a possible penalty of 25 years to life in state prison.]
Orange Police report the mother has postpartum depression and was hospitalized in June for such depression.
It's reported that the suspect's criminal record shows no previous reports of child abuse, assault, battery or domestic violence.
Santa Ana criminal defense attorney Michael L. Guisti explains murder is always a very serious case, and given the suspect allegedly is suffering from depression it's possible the suspect could be found incompetent to stand trial.
Guisti explains that for somebody to be found incompetent to stand trial they must lack a rational understanding of the charges against them, an understanding of the proceedings of their trial, or the ability to participate in their own defense.
Santa Ana criminal lawyer Guisti stresses that if this suspect is found incompetent to stand trial it's not a "get out of jail free card," but rather the suspect would likely be sent to a secure state medical or psychiatric facility to receive treatment until she is able to stand trial.
Once the suspect is deemed competent to stand trial the court will proceed with its case, according to Guisti.
Guisti says it's possible the suspect's attorney may try to use the insanity defense.
Now the difference between being found incompetent to stand trial and an insanity plea, according to Guisti, is an insanity plea is when somebody claims they don't know the difference between right and wrong at the time they committed the crime.
Guisti says despite popular belief insanity pleas are actually very hard to come by and if an insanity plea is accepted this too isn't a "get out of jail card," but rather the judge usually sentences the suspect to a secure state medical facility for a period of time, and every few years or so there is a hearing to determine the mental condition of the suspect.
If you're facing charges stemming from a domestic violence case, attempted murder case or an assault with a deadly weapon case please call the Law Offices of Michael L. Guisti at 714-530-9690 so we can review your case.
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