Aggressive Criminal

What’s the release procedure for the insanity defense?

On Behalf of | Criminal Defense |

Some attorneys in Texas have managed to successfully argue the insanity plea for their clients. However, that doesn’t mean that their clients were released with no disciplinary measures. When an individual is found not guilty by reason of insanity, they’re typically placed in psychiatric care.

Release procedures for people who use the insanity defense

Each state has its own set of laws for the insanity defense, so the exact procedure can vary. Most states require the defendant to spend some time in a mental facility after their trial. According to criminal law, the punishment that they would have received if they were found guilty has no bearing on how long they have to stay in the mental hospital. As a result, some defendants spend less time in a hospital than they would have in prison while others spend more.

In some cases, an individual might be found guilty but mentally ill. This means that the defendant is still guilty of the crime but can receive psychiatric help while they’re in prison. They might also spend some time in a mental hospital before being moved to a prison to serve out their sentence. Currently, only 13 states have the “guilty but mentally ill” conviction on the books.

Either way, an insanity plea can be difficult to argue in court. The defense has to prove that the defendant was legally insane when the crime took place to the point that they didn’t know what they were doing was wrong. An individual could be found guilty of a crime even if they were suffering from a mental illness at the time.

Are you thinking about using the insanity plea?

While the insanity plea can be difficult to argue, it may be relevant to your case. An attorney may assess the situation and determine whether using the insanity plea is valid. Depending on the situation, they might argue that you were not guilty by reason of insanity or guilty but mentally ill. A successful plea might help you get the psychiatric treatment that you need.