Las Vegas Criminal Lawyer
Not Guilty by Reason of Insanity (NGRI): How a Las Vegas Criminal Defense Attorney Can Use Insanity as a Defense
When an individual commits an alleged crime while suffering from a severe mental illness or delusion, the legal defense of Not Guilty by Reason of Insanity (NGRI) may apply. Although this defense is often dramatized in popular media, the reality of asserting an insanity defense in a Nevada criminal case is far more complex and requires a detailed understanding of mental health laws, the criminal justice system, and the nuances of legal definitions.
At Hofland & Tomsheck, Las Vegas Criminal Defense Attorney Josh Tomsheck has the expertise to evaluate whether an insanity defense may be applicable in your case. As a nationally board-certified criminal trial lawyer, Josh Tomsheck has successfully defended clients using the NGRI defense by working closely with mental health professionals and applying Nevada law to protect his clients’ rights.
The Legal Standard for Insanity in Nevada
Nevada law has specific criteria for when an insanity defense can be asserted. To successfully claim Not Guilty by Reason of Insanity (NGRI), it must be demonstrated that, at the time of the alleged crime, the defendant was suffering from a delusional state so severe that they either:
- Did not understand the nature and capacity of their act; or
- Could not appreciate that their act was wrong or against the law.
This definition sets a high bar for proving legal insanity. It’s important to note that just having a mental illness or diagnosis is not sufficient to establish an insanity defense. Instead, the mental illness must have directly caused the defendant to lose touch with reality to the extent that they could not understand what they were doing or appreciate that it was wrong. The burden falls on the defense to provide clear evidence of the defendant’s mental state during the commission of the alleged crime.
When Insanity Can Be Used as a Defense
While Nevada law allows for the use of an insanity defense, it is only applicable in specific circumstances. For instance, if an individual was acting under a delusional belief at the time of the crime, they may be considered legally insane. The key distinction is that the person’s actions must be entirely dictated by their delusion, and they must not have acted with any other motivation.
Consider the following examples:
- Scenario 1: If an individual is suffering from a severe delusion and believes that they are being attacked by an unseen threat, and they act in self-defense by harming another person, they may qualify for an insanity defense. In this case, the person’s actions are entirely dictated by their delusion, and they cannot comprehend the reality of their situation.
- Scenario 2: On the other hand, if someone believes that another person will harm them in the future and decides to kill them preemptively, this does not meet the standard for legal insanity. While the individual may have been under the influence of a delusion, their actions involved premeditation and an understanding of their actions. In such cases, the insanity defense would not apply.
The difference between these two scenarios highlights the difficulty in applying an NGRI defense. The defendant’s mental state at the time of the offense must be thoroughly examined to determine if their actions were solely the result of their delusional thinking or if there were other factors involved.
The Process of Establishing an Insanity Defense
Building an insanity defense requires a comprehensive approach. An experienced criminal defense attorney like Josh Tomsheck will work with mental health experts to assess the defendant’s mental state at the time of the crime. This often involves reviewing psychiatric records, obtaining expert testimony, and presenting a detailed analysis of the defendant’s behavior and state of mind.
Some of the steps involved in establishing an NGRI defense include:
- Psychiatric Evaluation: The defendant must undergo a thorough psychiatric evaluation by a qualified mental health professional to assess their mental state. This evaluation will consider the individual’s medical history, past diagnoses, and any treatment they have received for mental health conditions.
- Expert Testimony: In court, the defense will often call upon psychiatric experts to provide testimony about the defendant’s mental condition at the time of the crime. These experts will explain how the defendant’s mental illness affected their ability to understand their actions or appreciate their wrongfulness.
- Evidence of Delusion: The defense must provide evidence that the defendant was acting under the influence of a delusion. This could include testimony from friends, family members, or other individuals who witnessed the defendant’s behavior leading up to the incident. Medical records and psychiatric evaluations will also play a crucial role in establishing the defendant’s mental state.
Consequences of a Not Guilty by Reason of Insanity Verdict
If a defendant is found Not Guilty by Reason of Insanity (NGRI), they will not face the traditional penalties associated with a criminal conviction, such as prison time. However, an NGRI verdict does not mean the defendant will be set free. In Nevada, individuals who are found not guilty due to insanity are typically committed to a psychiatric facility for treatment.
The length of time spent in a psychiatric facility can vary depending on the individual’s condition and progress in treatment. In some cases, individuals may be held in a facility for years, undergoing evaluations to determine when, if ever, they are no longer a threat to themselves or others. The court will regularly review the individual’s case to assess their mental health and decide whether continued confinement is necessary.
Why You Need an Experienced Las Vegas Criminal Defense Attorney
Asserting an insanity defense in a Nevada criminal case is a complex process that requires a deep understanding of both criminal law and mental health law. It is essential to have an attorney who has experience handling NGRI defenses and who knows how to effectively work with psychiatric experts, present evidence, and build a strong case for the defense.
At Hofland & Tomsheck, Josh Tomsheck has successfully defended clients using the NGRI defense in some of the most serious criminal cases. His experience as a board-certified criminal trial lawyer, combined with his dedication to protecting his clients’ rights, makes him uniquely qualified to handle cases involving mental health issues.
Contact Josh Tomsheck for a Free Consultation
If you or a loved one is facing criminal charges in Nevada and you believe that mental health issues played a role in the alleged crime, contact Josh Tomsheck at Hofland & Tomsheck today. With his experience and expertise, Josh Tomsheck can assess your case, work with mental health professionals to build a strong defense, and guide you through the complex legal process. Don’t face these charges alone—get the representation you deserve.