If a defendant and their attorney attempt to employ the insanity defense, the court is very likely to select one of four potential dispositions.
Going over these four potential dispositions and speaking with a Chicago criminal defense attorney will allow you to obtain the best possible legal outcome.
Disposition 01: Guilty
The first disposition is, arguably, the most unfortunate: being found guilty of the criminal acts you have been accused of.
If a person is found guilty of the criminal acts that they have been accused of, then this means that they will be subject to a number of penalties, each one rooted in that legal finding of guilt.
To protect yourself from a “Guilty” verdict, it is of the utmost importance that you work with an experienced criminal defense attorney. By doing so, you can protect yourself, as well as the life you have built.
Disposition 02: Not Guilty
The second disposition – and, in many cases, the most desirable – is “Not Guilty.”
If a person is found “Not Guilty,” this doesn’t mean that they have been found innocent of the criminal acts that they have been accused of. It does, however, mean that they have not been found guilty of those acts due to the prosecutor failing to satisfy their burden of proof.
Just as an example, if the evidence against an individual is weak, then they can be found “Not Guilty,” since this evidence is not enough to prove that this individual committed the criminal acts they have been accused of.
Disposition 03: Guilty, But Mentally Ill
The third disposition is “Guilty But Mentally Ill.”
If a person is found “Guilty, But Mentally Ill,” then they have been found guilty by the Court of the criminal acts that they have been accused of, with the caveat that they were mentally ill when these acts were committed. However, that mental illness did not effect the person’s ability to understand the criminality of their act.
The only difference between a “Guilty, But Mentally Ill” verdict and a “Guilty” verdict is as follows: both can be sentenced to prison, but someone who is found “Guilty, But Mentally Ill” will have access to mental health resources when going through their sentence.
Just as an example, if someone is being charged with felony domestic battery, and they committed this act while dealing with mental illness, then they may still go to prison. During their time in prison, though, they will have access to mental health resources that they otherwise would not have access to.
Given the facts outlined, a “Guilty But Mentally Ill” verdict and a Guilty verdict are, for all practical purposes, the same thing. If someone wishes to employ the “Insanity” defense,” aiming for this disposition is not a wise choice.
Disposition 04: Not Guilty By Reason Of Insanity
The fourth disposition is “Not Guilty By Reason Of Insanity.”
If someone is found “Not Guilty By Reason Of Insanity,” then this means that, even though they committed the acts they have been accused of, they will not be held criminally responsible for them.
The best verdict you can obtain if attempting to employ the “Insanity” defense is “Not Guilty By Reason Of Insanity.” However, people who are found not guilty by reason of insanity are not released back into society. They are indefinitely committed to a secure mental institution for a time not to exceed the maximum amount of time they could have been sentenced to if they were convicted of the criminal charge. For example, if the crime had a 6-30 year sentence, the state could confine the person until they are better and keep them confined for a period of up to 30 years. Frequently, people who are found not guilty by reason of insanity face far longer confinement times than people who are incarcerated on a guilty finding.
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If you need representation for a criminal charge, Glasgow & Olsson is uniquely qualified to help you.
Our team has helped thousands of people who have been charged with crimes in Illinois. When we take cases, we do so to win. This means we take cases to trial. We don’t arrange plea bargains unless it is in the best interest of our clients. As proactive lawyers, we fight aggressively and support our clients throughout their entire case, including appeals. Protecting your life and freedom is always the goal, and with our decades of experience practicing law, we know how to get results. This is why we are regularly invited to appear as a legal contributor on popular radio and news outlets, including ABC, CNN, NBC, CBS, and Fox NEWS.
When you need an attorney experience matters, speak with a Schaumburg defense attorney today to learn how our experience can get you the results you deserve.