An Insanity Defense is Likely Not Your Best Plea Option in California

An Insanity Defense is Likely Not Your Best Plea Option in California

If you’ve been charged with a crime in California then you’re looking for the best way to proceed. Many people consider a plea of insanity. While this may seem like an option, and technically it is, it’s so difficult to prove and so unlikely to be successful that at Chambers Law Firm, we don’t recommend it. Read on to learn more about it and then get a free consultation with a criminal defense attorney.

There are five plea options in criminal cases

There are five ways you can plea to criminal charges in the state of California:

  1. Guilty
  2. Not guilty.
  3. A former judgement of conviction or acquittal of the offense charged.
  4. Once in jeopardy.
  5. Not guilty by reason of insanity.

Note that using the insanity plea doesn’t actually have anything to do with determining whether a person is guilty or not. By definition, a person who is deemed insane and commits a criminal act is actually assumed to be guilty. However, they don’t deal with the same type of punishment that a different plea might come with.

The definition of insane

According to California criminal law, if a defendant doesn’t meet one of these conditions then they are considered insane:

  • Every defendant must understand both the nature and quality of the act they committed.
  • Every defendant must have the ability to judge between right and wrong.

If a defendant wants to declare a plea of insanity, the process begins at their arraignment hearing. If they’re able to convince a jury that they’re not guilty because of insanity, then they’ll go to a state hospital and not prison. Remember, that if a defendant pleads not guilty by insanity, they’re not walking away free and clear.

In almost all cases, if a defendant is found not guilty by reason of insanity, they’ll be in a state mental hospital until offices decide that they’re not a risk to themselves or others. This can lead to a life sentence in a mental hospital.

Drug and / or alcohol addiction aren’t the same as insanity

While it’s true that mental health issues and drug / alcohol addiction are often related, it’s not possible to get a judgement of not guilty by reason of insanity just because a person was addicted to drugs or was an alcoholic when the crime was committed. That said, a legal defense may be involuntary intoxication, or even voluntary intoxication.

To find out what your best defense is, you need to work with a criminal defense attorney. At Chambers Law Firm, we offer a free consultation. We’ll assess your case and let you know what your options are. To learn more about our past experience and successes, check out our client testimonials and then contact us at 714-760-4088.

 

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