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Insanity Defense


In California, a criminal defendant is entitled to be acquitted if he or she is determined to be insane at the time that he or she committed a crime.
A criminal defendant is considered to be "insane" if at the time he or she committed the crime he or she is so impaired by mental illness or retardation that he or she did not know the "nature and quality of his or her act" or that his or her "act was wrong."
A defendant does not know the "nature and quality of his act" when he or she does not understand its physical nature and consequences.
A defendant does not know that his or her "act is wrong" when they do not know that what they are doing is "legally wrong."
Note that the defendant does not have to show both that he or she does not "understand the nature and quality of his or her act" and that he or she does not understand that his or her "act is legally wrong;" the defendant only has to show one or the other.
When a defendant is found to be guilty by way of insanity he or she is committed to a hospital for the criminally insane until such time as they are found to be sane.
An Insanity defense is not the same as "competent to stand trial." Competent to stand trial deals with the defendant's mental state at the time of trial not at the time that the crime was committed.
For more information on the defense of insanity, and defenses to criminal charges in general, contact the law office of Christopher Dorado today!

Criminal Defense Attorneys


Insanity Defense

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Defenses to Crimes

  • Insanity
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Criminal Defense Attorney

California Insanity Defense to Crime


Law Office of Christopher Dorado 1030 Nevada Street. Suite 105 Redlands, CA. 92374