Is the Insanity Defense Actually a Valid Defense?

 Posted on March 07, 2025 in Criminal Defense

Anyone who watches crime dramas on television has probably seen an actor attorney implementing the insanity defense for his or her client. And, on television, this defense seems to work out well for the accused. In reality, "not guilty by reason of insanity" is a defense that is rarely used. The primary drawback of the insanity defense is the potential for defendants to feign or exaggerate mental illness to avoid prison.

Evaluating a person’s mental status at the time of a crime can be extremely subjective and complex. Five different mental experts could have five different opinions regarding a defendant’s sanity, making it extremely challenging to use insanity as a defense. If you are facing criminal charges, it is extremely important that you speak to a knowledgeable Cooke County, IL criminal defense attorney as quickly as possible so that your attorney has time to craft a comprehensive defense on your behalf.  

What is the Insanity Defense in Texas?

Not guilty by reason of insanity is a defense used by only a small number of people each year across the state of Texas, despite the fact that thousands of mentally ill people are arrested in the state each year. The insanity defense is reserved for those who did not know their conduct was wrong because of a severe mental illness.

As an example, a mentally ill person might hear voices that tell him or her to hurt another person - something that is both morally wrong and illegal. For an insanity defense to be successful, the defense attorney must prove two things:

• The defendant suffered from a severe mental defect or disease.
• As a result of the severe mental defect or disease, the defendant was unaware that his or her conduct at the time of the crime was wrong.

What is the Punishment When an Insanity Defense is Successful?

If a defendant is found not guilty by reason of insanity, they are technically acquitted of all criminal charges. This does not mean the defendant will immediately be released into society. After a verdict of not guilty by reason of insanity, a judge will hold a hearing within 30 days. This hearing will determine whether the person committed a violent offense and whether he or she is mentally ill.

If the court finds that the defendant either did not commit a violent offense or is no longer mentally ill, the individual may be discharged on his or her own, placed with a responsible person, or transferred to probate court. If the defendant is transferred to probate court, there will be a civil commitment proceeding to determine whether he or she should be committed to a Texas Department of Mental Health facility.

If the crime is violent, the court can either retain jurisdiction or transfer the defendant to probate court. If the court retains jurisdiction, the defendant can be committed to a maximum-security state hospital for up to 90 days. When the initial 90 days are up, the judge will determine whether the defendant should be recommitted for up to a year. When each year of commitment is up, the judge can have the defendant recommitted for another year, up to the number of years of prison the defendant would have received if found guilty of the offense.  

Why is the Insanity Defense Rarely Used in Texas?

Only about one percent of all criminal cases use insanity as a defense. Of that one percent, few are successful, especially in a jury trial. Jurors typically have a hard time finding a defendant not guilty when they are fairly certain the defendant committed a criminal offense. Jurors may not be told that defendants who are found not guilty by reason of insanity will typically be held in a state mental health facility until a medical treatment team judges them stable enough to be released. Beyond that, a judge must approve of any such release.

Contact a Denton County, TX Criminal Defense Lawyer

If you have been charged with a crime, it is essential that you receive a comprehensive defense. When you choose a Cooke County, TX criminal defense attorney from Magaña & Van Dyke, you can be sure you will receive a solid defense with an eye toward the best outcome possible. Call 940-382-1976 to schedule a free consultation. Se Habla Espanol.