Can I use my Asperger's as a defense in this case?
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I love Benny & Joon, it's my favorite movie of all times and I have loved it since I was 17. So I went to Spokane (that's where the movie was filmed) and I wanted to see the inside of the house (where Benny and Joon lived in the movie) so I try and go inside but it was locked. I went down to the river and picked up a big rock and threw it at the window and I climbed inside and looked around and I decided to draw the floor plans. I got some paper and a pencil and I started to draw the plans and then the owner came home and shouted at me and I had a shut down so I was unable to say anything. She called the cops on me and press charges. Now I am on bail and waiting for trial and my parents won't help me. They say I did this to myself and brought it upon me and since Gary Mckannen hacked into the USA Government computer system to look up UFO information and his AS is being used a defense and autistics think it should be used as defense because his condition was the cause of this, can I use my own AS defense for this since it made me do this? I couldn't help myself and I wanted to see the house really really bad and I was desperate. I hate my obsession or none of this wouldn't have happened. I am going to kill myself if I go to prison just like Gary will do with himself when he extradite (whatever the word is) and goes to prison over here. I won't be able to handle prison. I admit what I did was wrong but I hurt no one, the window can be replaced if I pay for it and I didn't steal anything so can my AS be used as a defense? After all my special interest took a toll in this like Gary's did about UFO's.
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Answer:
First of all, you are highly unlikely to go to prison for a trespassing and/ or breaking and entering charge, especially if we assume this is your first offense. Since your parents aren't helping you, unless you have some significant financial resources of your own, you will probably be entitled to a public defender. So most likely, your attorney will use whatever extenuating circumstances, such as your AS, in making your defense. Odds are that you will be able to plea bargain, pay a fine, and be put on probation. It's not likely to be worth the time and trouble and expense to put you in jail for a relatively minor offense. The big deal here is, AS or not, you need to learn from your mistakes. You admit that what you did was wrong, so you do understand the difference between right and wrong. So don't ever do anything like this again! People with ASD do understand rules, so it should be clear to you that the message to remember is to follow the rules!
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Other answers
It wasn't Asperger's that caused you to throw a rock and crawl into a stranger's house. It was just plain bad judgment, and I expect that's the way the judge is going to see it. No reason at all to protect you from the natural consequences of your own actions.
Beckee
People who use their disabilties as an excuse make it that much harder for people when they really mess up because of their disabilties. (Like, I threw the pen at that girl because I'm ADHD). There are many people with Aespergers out there who do not vandalize property, they shouldn't be lumped in with you.
ittybittyspider
I doubt that. You are now online, openly admitting that you are in the wrong and that, with this information, that you are providing online for anyone to see, that is only going to weaken your case. I hope that you do have good luck with your case, but what you did was wrong, and since you have admitted some of this online, that is one thing which will weaken your case.
trip92
the main issue is Did you know it was wrong--despite the aspergers-- people with mental diabilities can be held crimnally responsible if tehy know right from wrong if you knew it was wrong--you shoudl try for a plea bargin that will only give you probation
jmitw
seriously? you seriously have AS?
Its not a defense that will work but I doubt you will go to prison, if convicted you will probably just go on state probation
Doug
yes. milk it for all its worth. call the arc. good luck.
gaarasfangal
If you go to court you will have a lawyer. Tell him/her what you told us, write it down if it is easier to get it out clearly that way. Talk about how you felt when you shut down. The lawyer is the only one who can answer this question for you because they will be able to go to previous cases and examine what was decided and then will know if this is the right defense for you. Tell your lawyer about your condition and trust them to help you. It is their job to know what to do to help you. Ask them to give you information on other cases to read if this makes you feel calmer. The other thing you could do is go to an autism advocacy group but talk to the lawyer first. I agree with the other guy that you need to not put anymore info on the net incase it is found and used against you. I would hope you will not go to jail for this, you may get a warning a fine or community service. I do not know your legal system though so this is not necessarily the case for you.
Alex
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