Mental Health Lawyers Texas

Mental Health Lawyers Texas Experts

Mental Illness Defense

When someone is seriously mentally ill, they may be deemed unfit to stand trial, or in rare cases, not legally responsible for some criminal acts. If a defendant is found legally insane, they may receive a less severe punishment. However, the laws surrounding mental health are complex and tricky.

Understanding Insanity Defense

Legal insanity was first introduced in 1531 as a viable defense, and the majority of states and jurisdictions still allow insanity pleas. We understand that some individuals simply do not understand their actions when they commit a crime. At The Law Office of Philip M. Gommels, we will fight for the rights of a person who is mentally unable to distinguish right from wrong.

Defending Your Rights

When a court hears an insanity plea, they may test the claim with any of the following tests:

The Irresistible Impulse Test
The Model Penal Code Test
The Durham Rule
The M’Naghten Rule

No matter what requirements the court has, The Law Office of Philip M. Gommels will assist you in making sure you receive the verdict you deserve.

Hire a Mental Health Lawyer Immediately

In criminal insanity cases, the prosecutors will try everything they can to get you to admit you are guilty or prove that you were fully aware of your actions. If you are being questioned by the police, YOU HAVE THE RIGHT TO REMAIN SILENT.

If you or someone you know committed a crime while mentally impaired, mental health lawyers Texas expert Philip M. Gommels can help protect you from the barrage of questions you will receive from police officers and prosecutors.. Call us today for a consultation.

Legal Insanity Lawyer

In general, it is a bit difficult to prove insanity as a defense. Usually, it is reserved for highly specific circumstances. However, an insanity defense is both effective and useful. Although it is unlikely that you would use an insanity defense, it is still important to understand how it relates to other defenses.

Insanity Defense Definition

To start, a defendant must first admit that they committed the crime. However, once they do that, they can claim that they did it due to their severe mental disease or defect. Thus, they didn’t know that what they did was wrong, or illegal in this case. Further, the severe mental disease must present itself in other areas of the defendant’s life, not just in their repeated criminal actions. To explain, this means they can’t suddenly claim to have a severe mental disease solely to avoid charges for their crime. Overall, if approved by a jury, using the insanity defense would drop the charges against the criminal for crimes committed while suffering from the severe mental disease.

Insanity vs. Incompetency

Oftentimes, people think that insanity and incompetency mean the same thing. However, these two terms are not the same. For instance, you can be insane during the time of the crime. But you could still be competent to stand trial when it begins. According to Tex. Code Crim. P. Art. 46B.003, competency means you logically understand the charges brought against you. Though this is not the same as knowing right from wrong. Further, you will not stand trial if you are deemed incompetent.

In general, competency can be raised for two reasons. A credible source could provide information. Or it could be due to the defendant’s observed behavior. If competency is raised and there is enough evidence to prove incompetency, there will be an evaluation.

Ultimately, there is a key difference between insanity and incompetency. On one hand, insanity is a defense that describes the defendant’s mental state during the crime. While incompetency describes the defendant’s mental state during criminal proceedings.

Not Guilty by Reason of Insanity

The legal term used for insanity defense is Not Guilty by Reason of Insanity (NGRI). Yes, a defense of NGRI means the defendant is not guilty. But this is not the end of the case. Rather if an NGRI is proven, the defendant must attend mental health treatment for a certain period. However, this period cannot exceed the maximum sentence they would have received if they had been found guilty. For instance, if the defendant murders someone, they can use a defense of NGRI. In fact, the insanity defense is reserved for cases like this. Still, they could face a life sentence in a mental hospital.

M’Naghten Rule

Since 1843, the M’Naghten Rule has been in place. To explain, this English case found Daniel M’Naghten not guilty by reason of insanity when he shot and killed the secretary of the British Prime Minister. Further, this test involves two parts. First, it will analyze the defendant’s knowledge of the crime they were committing. Second, it will determine if the defendant knew that their actions were wrong. In summary, this test determines if the defendant knew what they were doing. And did they know it was wrong? Ultimately, the M’Naghten Rule only focuses on cognitive abilities.

Finally, the Texas Court of Criminal Appeals clarified this rule in Rubio v State, 241 S.W.3d (Tex. Crim. App. 2007). In fact, it added that the defendant must prove that they had or were in an

“extreme delusional state[] that caused [him or her] to misperceive the very nature of [his or her] acts, or to believe that in acting, [he or she] obeying rather than violating the laws of society.”

Then, it will be determined if the defendant knew that what they were doing was wrong. However, there must be sound evidence of a mental disease or defect to reach a conclusion.

Pleading Insanity in Texas Courtrooms

Under Texas law, there are a few things a defendant should know before claiming insanity. First, the defendant is presumed sane and to have wanted to cause the consequences of their crime. Second, the defendant must prove that their defense of insanity is true with sufficient, extensive evidence. Third, if the defendant successfully proves their claim of insanity, the charges brought against them will be dropped. Still, it is proven that they did in fact commit the crime.

The Effects of an NGRI Defense in Texas

If a defendant chooses to use an NGRI defense in Texas, their attorneys have specific limits put on what they can do in court. For example, your criminal defense attorney must file a notice of intent to use an NGRI defense at least 20 days prior to the trial date. In addition to that, they cannot provide unexpected evidence as the case proceeds. Finally, they are required to give an opening statement.

If you have been charged with a crime but have facts that question your sanity, then you could use an insanity defense. However, claiming insanity in Texas court is a difficult and complex process. But, if it applies to the case, it is an effective defense strategy. That being said, it is vital to hire a skilled Houston criminal defense attorney that has experience with insanity defense. Fortunately, Philip M. Gommels has the expertise to fight for you in Texas court. So, call The Law Office of Philip M. Gommels, PLLC to start fighting for your freedom.

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