If you have ever watched a movie or TV show dealing with the subject of crime, chances are you have heard someone try to plead not guilty by reason of insanity, which is also sometimes shortened to simply “pleading insanity.” This is often an easy subject to dramatize, making it a prime subject for show business, but this idea actually also has legitimate merit in the legal world, though under specific circumstances. In some situations, pleading not guilty by reason of insanity is a possible way a person could be held not criminally responsible for a crime, but only if they meet certain requirements.
According to Illinois law, a person cannot be held criminally responsible for a crime if they are unaware of the illegal nature of their actions because of a “mental disease or mental defect.” Insanity is an admissible defense if the defense team can prove that a person meets the state’s requirements for “mental disease or mental defect.” Different states have slightly different ways of determining whether or not a person meets the standards, but Illinois follows the requirements set forth by the American Law Institute in the Model Penal Code. These standards state that a person cannot use the insanity defense unless they:
Once you make the petition for insanity, you will then have to attend a hearing to determine whether or not the petition will be granted. If your defense team is able to successfully prove an insanity plea, then it will be determined whether or not you will ever be fit to stand trial for the crime. In either case, you will be sentenced to treatment in a mental health facility and could remain there for all or a portion of your sentence. There is also a possibility that the treatment ordered at the mental health facility lasts longer than your sentence would have.
If you or a loved one has been charged with a crime, you need immediate assistance from a skilled Arlington Heights, IL criminal defense lawyer. Scott F. Anderson, Attorney at Law, has helped numerous clients with successful legal defenses against various criminal charges, including murder, theft, embezzlement, and DUI. To schedule a free consultation to begin building your defense, call our office today at 847-253-3400.
Client accused of burglary was acquitted due to our skillful cross examination of eye witness identification.
Client accused of causing the death of another while driving under the influence - Acquitted.
Client accused of first degree murder - Acquitted.
Client accused of embezzlement - Charges never filed.
Hundreds of Secretary of State hearings for Drivers License Reinstatement - Won.