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Defenses for Murder Charges: Can You Plead Insanity?

April 24, 2024Eric G. Johnson

You may have the right to plead insanity if you’re facing accusations of murder. Making that argument convincingly, however, can prove challenging. Both you and a criminal defense attorney have a high burden of proof to clear if you want to successfully argue that you or a loved one lack the mental capacity to assume responsibility for a recent incident.

John D. & Eric G. Johnson Law Firm and its criminal defense attorneys can walk you through the ins and outs of an insanity plea and offer alternatives that may prove more relevant to your case.

Table of Contents

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  • What Is The Insanity Plea? 
  • How to Establish an Insanity Plea
  • Alternative Pleas in a Murder Case
  • Get In Touch With a Criminal Defense Attorney to Discuss Your Case

What Is The Insanity Plea? 

Anyone who faces accusations of criminal misconduct may have another party argue that the offender was not in their right mind at the time the crime took place. This defense of insanity allows the defendant to plead “not guilty” in a criminal case. 

The insanity plea isn’t a sure-fire defense against accusations of misconduct, even in cases involving complicated mental health scenarios. While the insanity plea isn’t used as often as the general public may think, criminal defense attorneys must address cases invoking an insanity plea with considerable care.

How to Establish an Insanity Plea

If you or someone you love may benefit from an insanity plea, take care to understand all of the facets that go into this approach. Any criminal defense attorney with intent to assert insanity must prove that their client meets the criteria established by the rules relevant to their circumstances, like the following:

  • The M’Naghten Rule claims that the defendant does not understand the actions they allegedly took against another party.
  • The Irresistible Impulse Test argues that the liable party allegedly lost control of their impulses due to a mental condition. States can use this in tandem with the M’Naghten Rule to determine insanity.
  • The Model Penal Code argues that someone with a diagnosed mental illness did not understand that the actions they allegedly took against another party were criminal in nature.

Interested parties can collaborate with a criminal defense attorney to determine which of these rulings, or what combination thereof, applies to their case and insanity plea.

Alternative Pleas in a Murder Case

If you’re considering pleading insanity in an upcoming murder case, and you don’t know whether or not such a plea has a place in your case, you and your lawyer can consider some alternative defenses. Lack of evidence and self-defense can both constitute valid defenses against accusations of murder.

We always recommend that you or a personal representative meet with an experienced attorney before you consider an insanity plea. Our attorneys have decades of experience helping parties accused of criminal misconduct challenge those accusations in court. You can meet with our team free of charge to discuss the defenses most relevant to your or a loved one’s upcoming murder trial.

Get In Touch With a Criminal Defense Attorney to Discuss Your Case

John D. & Eric G. Johnson Law Firm boasts several combined decades of experience helping clients reduce or even overturn the criminal charges brought against them. We’re here to help you reclaim control of your life and explore any potential defenses you may be able to use following murder or other criminal charges.

You can call (318) 377-1555 or contact us through our website to discuss your circumstances with a criminal defense attorney. We will work with you every step of the way throughout your case, providing support and skilled legal knowledge. 

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Attention: While this website provides general information, it does not constitute legal advice
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John D. & Eric G. Johnson Law Firm, LLC
Office: 318-377-1555 | Fax: 318-377-1559
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John D. & Eric G. Johnson Law Firm, LLC
415 Main Street,
Minden, LA 71055

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 Serving the entire State of Louisiana including Minden, Ruston, Monroe, Shreveport, Bossier City, as well as Caddo, Webster, and Ouachita parishes.
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