For many years, Hollywood and the likes have glamorized the insanity defense on television and in the movies. Using such a defense is not always as clear-cut as depicted on the big screen. The same question remains, is it a plausible defense? How severe do a person’s mental health issues need to be in order to access this type of defense? To be eligible for this, the criminal defense attorney must be able to prove that their client was incapable of telling the difference between right and wrong.
What is the Insanity Defense?
The insanity defense is a type of strategy an attorney may use in a criminal case to defend someone’s behavior when they have committed a crime. All states allow for the insanity defense with the exception of a few: Utah, Kansas, Montana and Idaho. If a person is found to be legally insane at the time the crime was committed, they may be able to receive a sentence that is not as harsh as they may have otherwise received. There are many considerations that must be taken into account when an attorney is determining if this is the appropriate defense. When successful, the defendant is often not convicted of the crime.
Mental Health Diagnoses
There are a few diagnoses that a person may have who enter an insanity plea. The diagnosis must be one that impairs the person’s judgment or gives them an alternate view of reality. Examples of this are:
- Post Traumatic Stress Disorder
- Traumatic Brain Injury
- Depression
- Psychoses
M’Naghten Rule/Right-Wrong Test
The M’Naghten is one of four types of insanity defenses that can be used by an attorney and the most commonly used around the country. Also known as the Right-Wrong Test, the M’Naghten Test looks at two principles to determine if the defendant knew that the crime they were committing was wrong when they carried it out. The first principle operates under the assumption that the accused is considered sane unless the criminal attorney is able to prove otherwise. An attorney may use the testimony of expert witnesses, such as a medical professional, to carry this out. If the defense can prove that the defendant had a mental disease that impaired their ability to make a reasonable decision, a not guilty verdict may be probable. The second principle looks at whether or not the person knew that the crime they were committing was wrong. If deemed “insane,” it may be determined that they did not understand that the act they were carrying out was wrong. If one or both can be proven in court, it is plausible that the insanity defense may be successful.
An experienced criminal defense attorney such as the Criminal Defense Lawyer DC locals turn to will be required in determining whether or not the legal insanity defense is the right strategy when going to trial. Their involvement will be vital as the laws can be different depending on the state where the crime was committed.
A special thanks to our authors at Brynn Law for their insight into Criminal Defense Law.
Fill out the form and we’ll respond as soon as possible.
Posted onTrustindex verifies that the original source of the review is Google. I was facing a charge of Reckless Driving for speeding on I66 at midnight. This is considered a Class 1 Misdemeanor in the state of Virginia. Having something like Reckless Driving on your record is on par with having a DUI. This charge also carries a chance for jail time (up to a year). I was incredibly scared because I had never faced such a charge. And looking into Virginia Law, my speed exceeded 90mph, which is quite serious. I retained Dave Albo to help me with this case. Since my record was clean, Dave had advised I do the following before my trial. * Take a DMV Driver's Improvement Course * Take a Behavior Modification Course * Do 100 hours of community service * Print my DMV Record one week before the trial On the day of my trial, Dave got my Reckless Driving charge REDUCED to a regular Speeding charge. This was the absolute best case scenario for me. No criminal record. No jail time. No suspension of license. I did receive 6 demerit points and had to pay a fine of $250 (plus court fees). But that's a slap on the wrist, compared to what I could have been facing. Thank you Dave Albo for helping me through this ordeal!Posted onTrustindex verifies that the original source of the review is Google. Dave albo it's a fantastic lawyer. He has helped me twice now with great results both times with minor traffic tickets. I would recommend him to anybody including my family. He has great ethics and honesty which is what I look for in a lawyer .Posted onTrustindex verifies that the original source of the review is Google. Dave was my attorney recently for a car accident where I needed someone to represent me in court. After exchanging all necessary information he reassured me when the court date came that there wouldn’t be anything to worry about. On the day of court a couple problems arose and Dave was able to rectify them quickly, told me everything I need to say if needed and when it was all over he got my violation reduced significantly. I hope to never go to court again but if I do I will being calling Dave again.Posted onTrustindex verifies that the original source of the review is Google. Retaining the services of Mr. Albo for traffic court was probably the best decision I made. He is very responsive to emails, knowledgeable, and punctual. He provided excellent advice that eased the panic of having to go to the court house and stand before a judge. I am very happy with the outcome of my visit to traffic court and highly recommend Dave Albo.Posted onTrustindex verifies that the original source of the review is Google. Mr Albo was very professional and I was pleased with the outcome.Posted onTrustindex verifies that the original source of the review is Google. David was incredible to work with from clear communication and next steps. To showing up to traffic court early to walk over all steps, making case in court as experienced/intelligent/well spoken lawyer. Lastly, he even followed after case in writing to confirm the outcome outlining everything that happened in lamen terms (in my case the best outcome we could ask for). I’m so appreciative to David.Posted onTrustindex verifies that the original source of the review is Google. Absolutely top notch representation. Can't thank Dave enough for his knowledge and expertise.Posted onTrustindex verifies that the original source of the review is Google. Thanks to Dave Albo for a fantastic job representing me and ensuring the best possible outcome for my case. I highly recommend him - you will be in good hands for sure. From start to finish he provided expert counsel and kept me well informed. He simply could not have done a better job.Posted onTrustindex verifies that the original source of the review is Google. I am THRILLED with the outcome of my case, all thanks to Attorney Albo's superb expertise, excellent advice & sharp negotiating skills! I am extremely relieved and grateful; I highly recommend retaining his services. Well beyond worth it!!Posted onTrustindex verifies that the original source of the review is Google. Dave did a great job representing me for my traffic court infraction! I wanted the best and his name came up as I searched for an attorney. Highly recommend him on all levels including a successful outcome to my case.
