Mental Illness & Insanity Defense

Mental Illness & Insanity Defense in Atlanta, Georgia (OCGA § 16-3-2 & OCGA § 17-7-131)

Understanding Mental Illness & the Insanity Defense in Georgia

In criminal cases, a defendant’s mental state at the time of the crime can play a critical role in their legal defense. Georgia law recognizes the insanity defense and diminished capacity defenses for individuals who were unable to understand their actions or distinguish right from wrong due to a mental illness. If successful, these defenses can result in acquittal, reduced charges, or alternative sentencing in mental health treatment facilities rather than prison.

Under OCGA § 16-3-2, a person cannot be held criminally responsible if, due to mental illness, they lacked the ability to understand their actions or distinguish between right and wrong at the time of the offense. Additionally, OCGA § 17-7-131 outlines procedures for handling defendants found not guilty by reason of insanity (NGRI) or guilty but mentally ill (GBMI).

At Khalil Eaddy Trial Attorney, we are dedicated to defending individuals in Atlanta who suffer from mental illnesses and face criminal charges, ensuring their legal rights are protected and that they receive appropriate mental health treatment rather than excessive prison sentences.

1. The Insanity Defense in Georgia (OCGA § 16-3-2)

The insanity defense is a complete legal defense, meaning that if a defendant is found not guilty by reason of insanity (NGRI), they cannot be convicted of the crime. However, this does not mean immediate release—instead, the defendant may be committed to a mental health facility for treatment.

Key Elements of the Insanity Defense:

The defendant suffered from a severe mental illness at the time of the crime.
The mental illness prevented them from distinguishing between right and wrong.
The defendant was unable to understand the consequences of their actions.
The mental illness directly caused the criminal act.

If the court determines that the defendant meets these criteria, they may be found NGRI and placed in a state psychiatric facility for treatment instead of prison.

2. Guilty but Mentally Ill (GBMI) (OCGA § 17-7-131)

In some cases, a defendant may not meet the full criteria for an insanity defense but still suffer from a mental illness that affects their judgment. In these situations, the court may issue a verdict of Guilty but Mentally Ill (GBMI).

Key Aspects of a GBMI Verdict:

The defendant is criminally responsible but suffers from a diagnosed mental illness.
They serve a prison sentence but receive mental health treatment while incarcerated.
The verdict does not excuse the crime but allows for psychiatric care.

A GBMI verdict does not eliminate punishment, but it can lead to better mental health care within the correctional system.

3. Competency to Stand Trial vs. the Insanity Defense

It is important to distinguish between:

Competency to Stand Trial – Determines if a defendant is mentally capable of understanding the legal process and assisting in their defense.
Insanity Defense – Examines whether a defendant was legally insane at the time of the crime.

A person can be competent to stand trial but still qualify for an insanity defense if they were legally insane at the time of the offense.

4. Proving an Insanity or Mental Illness Defense

The burden of proof for the insanity defense rests on the defense team. Strong medical and psychiatric evidence is required to support a claim of legal insanity or diminished mental capacity.

Key Evidence in Mental Illness & Insanity Defense Cases:

Psychiatric Evaluations & Expert Testimony – Licensed mental health professionals can testify about diagnosed conditions and their effects on the defendant’s behavior.
Medical & Psychological Records – Past diagnoses, hospitalizations, or psychiatric treatments help establish a history of mental illness.
Witness Testimony – Family, friends, or doctors can provide insight into the defendant’s mental state before and during the alleged crime.
Behavioral Evidence at the Time of the Crime – Irrational actions, delusions, hallucinations, or severe disorientation may support an insanity defense.

A strong mental illness defense strategy requires extensive evidence, expert testimony, and aggressive legal representation.

5. Possible Outcomes of an Insanity or Mental Illness Defense

Not Guilty by Reason of Insanity (NGRI) – The defendant is not criminally responsible and is committed to a mental health facility instead of prison.
Guilty but Mentally Ill (GBMI) – The defendant serves a prison sentence but receives psychiatric treatment.
Case Dismissal (If Unfit for Trial) – If the defendant is unable to understand legal proceedings, the court may dismiss charges or order hospitalization.
Reduced Charges or Alternative Sentencing – The defense may negotiate plea deals that allow for treatment instead of incarceration.

A well-prepared defense can significantly impact sentencing and outcomes, ensuring individuals receive appropriate mental health care rather than harsh prison terms.

6. Challenges in Using the Insanity Defense

While the insanity defense is legally available, it can be difficult to prove.

Challenges Defendants Face:

High Burden of Proof – The defense must present compelling medical evidence and expert testimony.
Prosecutorial Pushback – Prosecutors often argue that mental illness does not excuse criminal behavior.
Public Stigma – Some jurors may view the insanity defense as an excuse rather than a legitimate legal defense.

A strong legal strategy is critical to overcoming these challenges and ensuring the court fairly considers the defendant’s mental health history.

7. Defending Against False Accusations of Mental Instability

In some cases, prosecutors may attempt to use mental illness against a defendant, even when it does not justify a guilty verdict.

If the defendant was mentally stable at the time of the crime, the defense can present:
- Psychiatric evaluations proving full mental capacity.
- Witness testimony affirming the defendant’s rational behavior.
- Challenging prosecutorial claims of insanity.

The defense must carefully navigate these claims to ensure the court does not unfairly label the defendant mentally unfit.

Why Choose Khalil Eaddy Trial Attorney?

Mental illness should never be used as an excuse for wrongful imprisonment. Our firm specializes in defending clients who suffer from severe mental illnesses and ensuring they receive the treatment and justice they deserve.

Expert Legal Representation – We work with psychiatrists, forensic psychologists, and medical professionals to build a strong defense.
Aggressive Defense Strategies – We challenge prosecutorial claims and fight for alternative sentencing when appropriate.
Protecting Constitutional Rights – We ensure that mentally ill defendants are not wrongfully imprisoned or denied due process.
Securing Treatment Instead of Punishment – We advocate for hospitalization, probation, or rehabilitation instead of incarceration.

If you or a loved one is facing criminal charges due to mental illness in Atlanta, do not face the legal system alone.

Call 770-303-0700 today for a confidential consultation and start building your defense.