Oklahoma Combat PTSD as a Mitigating Factor at Sentencing
A court sentencing a veteran may treat post-traumatic stress disorder from combat zone service as a mitigating factor, if the defence proves combat zone service through the Department of Veterans Affairs and a PTSD diagnosis connected to it.
Also called: 22 O.S. 973a, PTSD, posttraumatic stress disorder, sentencing, mitigating factor, combat zone, veterans treatment court.
Title 22, section 973a: "When making a sentencing decision concerning a person who is a veteran, the court may consider as a mitigating factor that the person has been diagnosed as suffering from posttraumatic stress disorder resulting from his or her military service."
What the defence must show. Documentary evidence that the defendant served in a combat zone as defined in section 112 of the Internal Revenue Code, which "shall consist of a certification by the Director of the Department of Veterans Affairs", and a diagnosis of PTSD, as the DSM-5 defines it, connected to events during combat zone service.
Its limits. The court "may" consider it; nothing requires a lighter sentence. PTSD from service outside a combat zone, such as military sexual trauma or a training accident, is not covered by the words, though a defence can still raise it as general mitigation. Ask the Department of Veterans Affairs early for the certification, since the section makes it the only accepted proof of combat zone service.
Thresholds
Thresholds for Oklahoma Combat PTSD as a Mitigating Factor at Sentencing
Gate
Rule
Combat zone service certified by the Department of Veterans Affairs
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Disclaimer
VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.