Have you been charged with a crime and looking to plead guilty except insane? Before entering in your plea, there are things to know. A mentally ill defense requires strong proof that at the time of the criminal act, the mental disorder was so severe, that you didn’t fully understand that the criminal act was wrong.
In the state of Arizona, a mentally ill plea is known as guilty except insane. When entering this plea, you must undergo a guilty except insane evaluation by a psychologist who will then give a diagnosis to the court. A credible doctor must be used and must bring forth evidence to prove any of their findings. Any case that contains a guilty except insane plea is a difficult case, but an experienced mental health attorney has the skills and knowledge to defend the mentally ill and fight for fair punishment and treatment.
Keep in mind that the insanity defense in Arizona must not result from intoxication, psychosexual disorders, impulse control disorder, momentary or temporary disorders along with acts of anger, jealousy, or rage. There must be clear and convincing evidence that the court determines appropriate that proves you were suffering from a mental disease at the time. In the end, this will help get you a much more fair sentence.
However, cases that involve threats, actual serious harm, or death will be handled a little differently. If the court finds that there is a reasonable basis for guilty except insane, you must undergo a mental health expert evaluation or be placed in a mental health facility for 30 days. You will usually end up serving the same amount of time you would in jail, only you will be serving time in a mental health facility to receive treatment. If the case does NOT involve threats, actual serious harm, or death, if you have been found guilty except insane, you will spend 75 days in a state institution and then have a hearing to either be released or ordered to serve more time in the institution.
An experienced litigator should be used to guide you through the process of entering the plea of guilty except insane as it is not an easy case to be involved in. The legal team at Garcia Law always takes the time to listen to your concerns and fight for your constitutional rights. The goal is for every mentally ill client to receive fair punishment and treatment.
