In the state of Florida, a defendant can try to use insanity as a defense
to a criminal charge, but just like using entrapment or claiming self-defense,
the defendant must admit to the crime before this defense can be used.
Most lawyers in Florida will tell you that juries are very reluctant to
accept insanity defenses, especially
if you have been accused of a serious criminal offense. Under Florida criminal law, insanity means that due to a mental infirmity,
disease or defect, the person accused of committing a crime did not know
what they were doing or the consequences of their actions. Essentially,
although the person knew what they were doing, they did not know it was
wrong. It is important to note that just because a person commits a crime
they believe to be morally right does not mean they are insane if they
were aware their actions violated societal standards or laws.
Courts in Florida will presume a defendant is sane, which means the defendant
has the burden of proving they are insane. This requires clear and convincing
evidence that is precise and explicit. Unrestrained passion or ungovernable
temper does not equate insanity.
Criminal Defense Attorneys in St. Augustine
If you have been arrested for a crime, you need a skilled lawyer on your
side to protect your rights and interests. At Albaugh Law Firm, we are
committed to defending clients throughout the state of Florida. Our legal
team is here to guide you through every aspect of your case and explain
all of your options under the law. Stop by our law firm today so we can
get started building your defense strategy.
Call (904) 637-1839 to
request your free consultation with our criminal defense lawyers.