Insanity Defense
At common law a criminal act required both a physical act and mental intent to commit the physical act. The Insanity defense applies when there is no question as to the physical act, but there is a question as to the mental intent, or culpability, of the accused.
A person is considered to be insane when he or she has a mental infirmity, disease, or defect, and because of the condition the person did not know what she was doing, or, if knowing what she was doing, did not know that it was wrong.
All persons are presumed to be insane. The criminal defense attorney has the burden of proving that the accused is insane. To present an insanity defense it is often necessary for the criminal attorney to present expert witnesses such as doctors or mental health experts to testify on behalf of the accused.
Importantly, one does not have to be insane at the time of trial in order to seek an acquittal with the insanity defense. The question of insanity only matters at the time of the alleged offense. In fact, if an individual was insane at the time of trial, he may likely be found incompetent to proceed to trial, and would be held in a secured facility and treated until the time he was able to properly assist his criminal attorney in his defense.
Tampa Criminal Attorney: Contact a Lawyer Today
If you have a loved one facing criminal charges, and you want to know if the insanity defense is appropriate in his or her case, call Denmon & Denmon Trial Lawyers today to schedule a free no obligation consultation. Call 813-554-3232 in Hillsborough County, and 727-753-0049 in Pasco and Pinellas County. Ask to speak directly to a Tampa Criminal Attorney.
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