Understanding Mental State Defenses in California: Insanity, Duress, & More

If you have ever watched court TV or a crime drama on television, you’ve probably heard people toss around terms like “insanity defense” or “duress.” While they can be challenging to prove, mental state defenses exist in real life as well as on television. To ensure you come out on top at the end of your case, it’s important to talk to your criminal defense attorney about what you will need to do in order to prove a mental duress defense in California.

In California, there is something that is known as mental state defense. The underlying premise of this defense is that you weren’t of sound mind or lacked the mental capacity to choose your actions. One famous version of this defense is when someone pleads not guilty because of reason of insanity.

The insanity defense is just one example of mental disease or defect cases. For instance, your attorney could argue that you shouldn’t be convicted because you didn’t have the mental ability to form sufficient intent. Under California Evidence Code 1107, you can admit evidence of abuse and use the battered women’s syndrome defense. The state recognizes that a battered spouse may kill because of self-defense, which is why this defense is allowed.

Alternatively, you can argue mental duress. With successful duress defense cases, the defendant must show that there was an imminent threat that they could not escape and they could reasonably feel like they were in danger. Additionally, you cannot have voluntarily chosen to take part in the crime.

To use the insanity defense, you must show that you weren’t guilty because of a “preponderance of evidence” shows that a mental disorder or defect prevents you from being guilty.

When it comes to crimes, you legally must have something that’s known in Latin as mens rea, or a guilty mind. Basically, you have to have the intent to commit a crime. If you lack the mental ability to have intent, you can’t be proven guilty.

However, trying to argue an insanity defense can be challenging. Your lawyer basically has to prove two things.

• You weren’t able to tell right from wrong.
• You couldn’t understand or know the nature of the act you were committing.

It is very important to keep in mind that even a wildly successful insanity defense doesn’t result in your immediate release. Instead, the judge will generally order you to be sent to a mental health treatment center or some kind of psychiatric institution. Afterward, you may end up staying in the institution for longer than the criminal sentence would have been. Because of this, you strongly need to consider all of your options before claiming an insanity defense in court.

California Penal Code Section 1026 is the starting point for an insanity defense in California. One of the most successful ways to argue this is when the defendant acted because they believed they were under threat. For example, if they were hallucinating a team of snipers was closing in on them and then assaulted someone (in real life) because of this hallucination, they may be able to use the insanity defense.

In California, the state follows something that is known as the M’Naghten Rule. Basically, this rule states that someone is considered insane at the time of the crime if they were incapable of understanding their actions and/or being able to tell right from wrong.

If you have been charged with a crime in California, there are many different mental state defenses, such as the insanity defense, that you can use. Because these mental state defenses can still result in extended periods in treatment centers, it’s important to carefully review all of your options before deciding on a specific defense.

For more information about your legal options, contact our skilled attorneys today.