VIII. Insanity

Insanity is a very complex topic to cover in a short post, but we will discuss the significance of it, as it relates to California Criminal Defense.

You were legally insane if:

  1. When you committed the crime, you had a mental disease or defect; AND
  2. Because of that disease or defect, you were incapable of knowing or understanding the nature and quality of your act or  were incapable of knowing or understanding that your act was morally or legally wrong.

If you are able to convince your jury at your jury trial that you are not guilty by reason of insanity, then you will be committed to a state mental hospital instead of being sent to prison. Thus, your case would not simply be dismissed and you can walk home free. That is because most people accused of crimes would “act” insane in order to avoid going to Prison for their actions.

If your mental state meets the Insanity test, it doesn’t matter whether it was a permanent condition you suffered from or just a temporary one. Even if it lasted only a few hours or minutes. Temporary insanity qualifies just as does a permanent mental condition does for this defense. What is important here, is that you must prove that you are insane or were insane at the time of the act, it is not the District Attorney’s job to prove you were sane, as that is presumed in all criminal trials. If you are able to show it is more likely than not that you are insane, then you have met the burden for Insanity as a defense. For more information on the defense of insanity, call Ontario Criminal Defense attorney Adam Jackson today for a free consultation and free case evaluation. Call today at 909-939-7126. Located in Ontario, CA.