The Insanity Defense in Virginia
People who can't control their actions or understand what they're doing should not be punished as harshly for wrongdoing as those who have full mental capacity. The insanity defense is meant to help those who committed crimes because they were insane at the time of the crime.
Obviously, it is not enough to tell the court that you were insane at the time of the crime; we must establish that, because of some kind of mental illness or defect at the time of the crime, you experienced:
- The inability to understand the nature, character and consequences of your actions
- The inability to distinguish right from wrong
- An irresistible impulse: Even if you could distinguish right from wrong and had the ability to understand what you were doing, an irresistible impulse could have rendered you unable to stop yourself from doing something you knew was wrong. An intermittent rage disorder or seizure disorder could have made it impossible to control the impulse.
Although it is popular in books, television and movies, the insanity defense is pretty rare in the criminal justice system. Many lawyers really don't have the experience to use this defense effectively because it is quite detailed and complex in practice. At Kissiah & Schaefer, PLLC, we have Fairfax insanity plea attorneys with a wealth of experience to help you get the best outcome possible in your criminal defense.
Evaluation
In most cases in which we are considering the insanity defense, we work with a mental health expert to help evaluate whether the client's mental state would truly qualify, legally, as insanity. If so, insanity could be a viable defense. We can use this as an advantage at trial or in negotiations with the prosecutor.
Balance Test | Whether the Plea of Insanity Defense Can Really Help You
Most people don't realize that there are a lot of consequences for the plea of not guilty by reason of insanity. Although this plea limits the court's ability to enforce criminal punishments, the court will retain the power to enforce a host of mental health assessments and treatments. For relatively minor crimes, the corresponding criminal punishments can be minimal in comparison. So with every case, we do a balancing test with our clients, comparing the probable outcomes of the case with the insanity plea and without it, to see if it is really in a client's best interest.
The insanity plea can be used in almost any type of criminal case, including:
Civil Commitment Hearings
A civil commitment hearing is closely related to the insanity defense because it involves establishing someone's mental state before a court. The legal standards and burdens of proof are similar in both situations. If a loved one is trying to have you committed for mental treatment against your will, we can help you retain your valuable freedom.
Fairfax County Temporary Insanity Defense Attorneys | 571-308-2041
Either call our office or e-mail us to schedule a free initial consultation.
