Mentally Ill or Insanity Defense in Las Vegas, Nevada

In Las Vegas criminal cases, mentally ill or insanity defenses can apply if someone’s mental condition impaired their ability to understand their actions or recognize that their behavior was wrong. These defenses allow defendants to argue that, due to a severe mental condition, they could not develop clear intent or control their behavior during a criminal act. This type of defense is difficult to prove and rarely succeeds in court, as the legal standards are strict. However, each case is unique, and an experienced criminal defense lawyer can clarify whether this defense might suit your situation.

What Is Legal Insanity?

Legal insanity is a mental state in which a person cannot be held responsible for their actions because they cannot understand what they are doing or whether it is wrong. Nevada courts use the M’Naghten rule to define legal insanity. This rule classifies a person as legally insane if, at the time of the crime, they were in such a delusional state that:

• They didn’t understand the nature of their actions, or 
• They didn’t realize their actions were illegal

Proving legal insanity requires strong evidence, such as psychiatric evaluations or expert testimony. If the court accepts an insanity defense, the defendant could avoid criminal penalties. However, the court often orders mandatory mental health evaluations and commitment to treatment facilities for defendants suffering from legal insanity. 

Procedure for Mentally Ill or Insanity Defense in Nevada

Criminal defendants must follow specific procedures to employ the insanity defense in Nevada. First, you must plead “not guilty by reason of insanity” at least 21 days before trial or during the trial. At trial, your attorney must prove that you were legally insane at the time of the crime using clear and convincing evidence. If the jury accepts the insanity plea, the court will order a mental health evaluation. If the evaluation indicates that you still have a mental illness, you might need to be committed to a mental health facility for treatment.

Pleading “Guilty but Mentally Ill”

Pleading “guilty but mentally ill” in Nevada allows you to admit guilt while acknowledging that you had a mental illness at the time of the crime. This is different from pleading not guilty by reason of legal insanity, as it does not remove criminal responsibility. You will face the same penalties as if you had pled guilty, but the court might also order mental health treatment as part of your sentence. Additionally, a guilty but mentally ill plea can look better on a criminal record than a standard guilty plea. Some defendants choose this plea when the chances of acquittal by reason of insanity are low.

To plead guilty but mentally ill, you must enter the plea at least 21 days before trial. Your defense lawyer must also prove that you were mentally ill during the crime. Your attorney can assess whether this plea is suitable by evaluating whether it might lead to a better outcome, such as the possibility of treatment along with a sentence.

Call Adras & Altig for Help with a Criminal Case Involving a Mental Health Condition

If you or a loved one is facing criminal charges in Las Vegas, don’t wait to get the help you need. At Adras & Altig, our Las Vegas criminal defense attorneys can help you understand whether a mentally ill or insanity defense might apply to your case. No matter the circumstances, we will carefully review your situation and develop a robust defense on your behalf.  Contact us today for a free consultation to explore your options and discuss your next steps.