5 times you can use the "insanity defense" in Colorado

Top Denver criminal defense attorney discusses how the insanity defense works in Colorado.

Learn more about Colorado Legal Defense Group at https://www.shouselaw.com/co/defense/legal-defenses/insanity/ or call (303) 222-0330 for a free consultation.

INSANITY DEFENSE

Under CRS 16-8-101.5, people cannot be guilty of a Colorado crime if – due to a mental disease or defect - they are unable to distinguish right from wrong. Five examples of medical conditions that produce serious delusions and might lead to a successful insanity defense include:

1) Involuntary intoxication (such as being drugged without consent),
2) Schizophrenia,
3) Bipolar disorder,
4) Poisoning from fumes or toxic substances, or
5) Dementia

Note that insanity does not comprise moral depravity, voluntary intoxication, or acting out in a sudden fit of passion.

Defendants or their attorneys typically raise the insanity defense at the arraignment, which is the hearing where the court officially brings charges. Once defendants claim to be “not guilty by reason of insanity,” the burden of proof shifts to the prosecution to prove that they are, in fact, sane.

When defendants are found not guilty by reason of insanity, courts usually do not set them free even though the charges get dismissed. Rather, judges confine them to mental health institutions. But it may be possible for them to get released in the future if their mental health improves.

COLORADO LEGAL DEFENSE GROUP

If you or a loved one is charged with a crime we invite you to contact us at Colorado Legal Defense Group. We can provide a free consultation in office or by phone. We serve Denver, Lakewood, Littleton, Aurora, Colorado Springs, Fort Collins, Pueblo, Boulder, Broomfield, Grand Junction, Eagle, Aspen, Breckenridge, Vail and throughout Colorado.

Colorado Legal Defense Group
4047 Tejon Street
Denver CO 80211
(303) 222-0330
https://www.shouselaw.com/co/defense

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