Many times, people who are charged with California Penal Code 187 PC murder make the argument that they did not know right from wrong at the time of the murder, and this can occur for several reasons.

Maybe they're suffering from mental illness, drug use, or both, and when they committed the murder, they did not know right from wrong; they were hallucinating. 

Perhaps they were under some psychosis where they believed something was going on that was not going on.  It can take several different forms.

So, many times, people searching for a lawyer want to find somebody who understands how to defend these cases where someone's charged with murder, and they want to make a not guilty by reason of insanity plea.  This can be a complex process, even for lawyers who always do criminal cases. 

With over 30 years of experience in defending numerous murder cases, I am well-versed in handling not guilty by reason of insanity pleas. This expertise extends beyond murder cases to include attempted murder and other cases with similar pleas.

Notify the Judge

What happens is you let the judge know that you're going to plead not guilty by reason of insanity.  The judge will then:

• appoint two doctors to evaluate the defendant,
• look at the scenario that occurred,
• look at the police reports, and
• other available evidence.

Sometimes, the doctors even talk to the defense attorney and the prosecutor. Then, each doctor creates a report and decides whether or not the person was not guilty by reason of insanity. Sometimes, the doctors say, "No, we don't believe this person was not guilty by reason of insanity."

Independent Doctor

I've seen that sometimes the judge lets the prosecutor get their doctor, and the defense gets their doctor.  If each doctor has different opinions, then the judge can appoint their own doctor to break the tie, so to speak, to determine whether or not the person can proceed with a not guilty by reason of insanity plea.

Jury Trial

First, there is a jury trial. In a jury trial, the jury decides whether the defendant is guilty or innocent. In other words, the jury chooses based on the evidence, putting aside the mental issues expounded by the defense.

They'll decide whether the person committed the crime. That's phase one. In phase two, the jury will determine whether the person is not guilty by reason of insanity. 

When they make this plea, the defendant must be told that, conceivably, they could be kept in custody past the maximum sentence for their crime, a sobering reality that must be considered.

State Hospital

So, let's say that the crime carries a maximum of 25 years to life, and the person could get out or at least be eligible for parole after 85% of 25 years. In a not guilty by reason of insanity, if the person is found not guilty by reason of insanity, they'll be sent to a medical hospital like Patton State Hospital, for example.

They will never leave that hospital until a Judge and the hospital decide they are safe to return to society. So, that's one thing that a criminal defendant needs to be aware of – that even if they're found not guilty by reason of insanity, that doesn't just get them out of custody. 

They then have to be treated for whatever illness they have. If they can recover, they can leave the facility in the future. If they can't recover, they cannot leave the facility.

So, I've given you a thumbnail sketch of how things work. There's still much more to look into because we have to look at your particular case or your loved one's case to see exactly what happened, whether this specific defense makes sense for them and whether we can succeed.

If you or a loved one is facing a murder charge or any other crime where a not guilty by reason of insanity plea might be applicable, it's crucial to seek legal advice as soon as possible.  Don't hesitate to reach out and schedule a meeting with me, Ron Hedding.  Let my extensive experience work for you.