Insanity Defense

Insanity Defense

Insanity criminal defense strategy requires clear and convincing evidence of an existing severe mental defect, disorder, or disease that renders the accused unable to differentiate right from wrong.

An insanity defense is an argument presented as an "excuse defense" as opposed to a "justification defense". Whereas defenses based on diminished capacity and mental incompetency is used to nullify an element of intent, insanity defense claims a full and total lack of any understanding of wrongdoing.

The insanity defense is built upon clinical evaluations by mental health professionals (psychologists or psychiatrists). The testimony and formal findings of these professionals are used to inform the jury, however; the mental health professionals are not permitted to assign judgment (good or bad) to the behavior of the accused. The decision as to whether or not the accused is insane, relative to the criminal matter, is up to the jurors.

Temporary Insanity

The claim of temporary insanity may be used when the defense counsel can prove that the accused suffered a temporary inability to apply proper judgment at the time of the crime. The sudden existence of extreme mental impairment at the time of the alleged crime be used to eliminate any sense of premeditation, and work for a less harsh punishment for a crime where guilt is undeniable.

Defense Lawyer in Cherokee County GA

If you need help with criminal charges in Georgia you need to consult with a defense attorney as soon as possible. Any criminal charges can be devastating to your freedom, personal relationships, and ability to get a job. Contact a criminal defense lawyer online or call 770-956-1400.