MENTAL DISEASE OR DEFECT
The Sanders Firm, P.C.: Mental Disease or Defect Defense
In New York City, The Sanders Firm, P.C. represents those who have been charged with a criminal offense, working to determine if some may utilize the mental disease or defect defense. This defense, which is outlined in the New York Penal Law, may be used in specific instances. It is grounded in the belief that someone who is suffering from a mental disease or defect is not responsible for their actions as long as they meet certain criteria at the time that the crime is committed.
The Mental Disease or Defect Defense
The article of the law relating to mental disease and defect reads:
“In any prosecution for an offense, it is an affirmative defense that when the defendant engaged in the proscribed conduct, he lacked criminal responsibility by reason of mental disease or defect. Such lack of criminal responsibility means that at the time of such conduct, as a result of mental disease or defect, he lacked substantial capacity to know or appreciate either:
1. The nature and consequences of such conduct; or
2. That such conduct was wrong.”
Thus, a person’s inability to reason and understand related to what a they were doing when committing a crime and not understanding what the results might be or a person not knowing that what they were doing was wrong, signifies that this is an affirmative defense for the person being charged.
If you are charged with a crime, it is important to engage legal representation in order to protect yourself, to preserve your rights, and to determine the correct defense. There are various defenses at your disposal and in working with a qualified, knowledgeable criminal attorney, you will be able to secure the best possible defense. With solid legal representation advising you, you will also be able to determine if you should use the mental disease or defect defense as outlined in the law. This is not an easy defense to utilize since it must be proven that you were in essence unsound during the commission of a crime. However, if it is applicable, you should use it.
Utilizing the Right Defense
The Sanders Firm, P.C. represents those charged in criminal cases and who are considering using the defense of mental disease or defect. One manner in which a smart criminal defense lawyer will serve you well is the way in which he/she is able to advise you on specific defenses, the likelihood of a defense working, and what your best chances are for being found not guilty.
Protecting Your Rights
The Sanders Firm, P.C. believes that as soon as you are charged with a crime you must protect your rights and contact your criminal defense lawyer. Being arrested and charged with a crime is an intimidating and frightening process and having legal counsel immediately available to you can help ensure that you have the best possible chance of winning your case. Contact The Sanders Firm, P.C. We are your voice for justice.