Call us today at The Indiana statute addressing the guilty but mentally ill defense is found at section of the Indiana Code. In either case, guilty but mentally ill is essentially the same as being guilty of the crime. This evaluation must take place before your sentencing, unless your evaluation was introduced as evidence in the trial or in the plea agreement hearing.
In practice, lawyers generally argue the insanity defense, as it might result in the optimal outcome of an acquittal, and then a jury will return a verdict of guilty but not mentally ill. If you successfully plead — or a jury returns a verdict of — guilty but mentally ill, the court will commit you to the Indiana department of corrections, which will further evaluate you and determine what treatment you need.
Depending on the results of this evaluation, you may be detained at a psychiatric facility operated by the department of corrections or the division of mental health and addictions. 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 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. Call Us Email Office. Subscribe via RSS. Posted on April 29, in Criminal Law. These standards state that a person cannot use the insanity defense unless they: Have a qualifying mental disease or mental defect The mental disease or mental defect caused the person to be unable to appreciate that what he or she did was illegal Consequences of an Insanity Plea 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.
Contact an Illinois Criminal Defense Attorney 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.
What is the Difference Between Assault and Battery? Archive January 4. February 4. March 4. You can suffer from a mental illness and still understand right from wrong and the criminal nature of your conduct. Mental illnesses do not automatically make you eligible to plead insanity if charged with a crime. A mental disease or defect is not any abnormality in your behavior, mood, or thought that arose because of repeated criminal or otherwise antisocial conduct. Also, it is not diminished capacity due to drugs or alcohol.
Becoming drunk or high is not a basis for pleading insanity. But what is a mental defect or disease? You must show that at the time of the crime, you did not have the substantial capacity to appreciate the criminality of your conduct.
Your mental disease or defect for the purposes of defense must arise to the level of making you unable to recognize your wrongdoing and judge your criminality. This is an incredibly high standard and difficult to support in court. You may have a great deal of evidence that you suffer from a mental illness. However, it can be difficult to show a judge or jury that you could not understand that what you were doing was a crime.
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