When someone is accused of a crime, most people assume the case hinges on what happened and whether the evidence proves guilt beyond a reasonable doubt. But in some rare and complex cases, the defendant may admit to the act itself while asserting that they were not legally responsible for their actions due to a severe mental illness. This is where the insanity defense comes into play—a controversial but legally recognized defense that focuses not on what was done, but on the defendant’s mental state at the time of the alleged crime.

In Florida, the insanity defense is governed by strict legal standards and is rarely successful without clear and compelling evidence. However, when applied appropriately, it can result in a verdict of not guilty by reason of insanity (NGRI), which has vastly different consequences than a standard acquittal. Understanding how this defense works, when it can be used, and what happens if it succeeds is critical for anyone involved in a criminal case where mental health may be a factor.

In this blog, we’ll explore the legal definition of insanity in Florida, how the defense is raised and proven, what role mental health professionals play, and what happens to a defendant who is found not guilty by reason of insanity. We’ll also discuss some of the misconceptions about the insanity defense and explain why having an experienced criminal defense attorney is essential in these complex cases.

The Legal Standard for Insanity in Florida

In Florida, the insanity defense is based on what's known as the M'Naghten Rule, a legal standard that dates back to 19th-century English law but is still widely used in the United States today. Under Florida law, a defendant is considered legally insane at the time of the offense if they had a mental illness so severe that they either:

1. Did not know what they were doing, or
   
   
2. Did not understand that what they were doing was wrong.
   
   

This means that simply having a mental illness is not enough to qualify for an insanity defense. The illness must be so profound that it rendered the person incapable of understanding the nature or wrongfulness of their actions at the exact time the alleged crime occurred.

Florida Statutes section 775.027 lays out the requirements and procedures for asserting the insanity defense. Importantly, the burden of proof is on the defendant to show—by clear and convincing evidence—that they met the legal criteria for insanity when the offense was committed.

This is a high standard to meet. “Clear and convincing evidence” is more than a mere preponderance (i.e., more likely than not), but less than proof beyond a reasonable doubt. It requires strong, credible evidence—usually in the form of expert psychiatric testimony.

How and When the Insanity Defense Is Raised

Raising an insanity defense in Florida is not something that happens casually or automatically. It must be formally asserted and properly supported early in the legal process. According to Florida’s rules of criminal procedure, the defense must file a notice of intent to rely on the insanity defense—typically at least 15 days before trial. This notice must also state whether the defendant was examined by a mental health expert and whether that expert will testify in court.

Once the notice is filed, the court may order the defendant to undergo one or more court-appointed psychiatric evaluations to determine their mental state at the time of the alleged offense. These evaluations are separate from the issue of competency to stand trial (which relates to the defendant's mental state during the court proceedings). Instead, these focus strictly on the defendant’s mental condition at the time the crime occurred.

Both the defense and the prosecution can present expert testimony to support their respective positions. It’s not unusual for cases involving the insanity defense to become a battle of mental health professionals—each offering different interpretations of the defendant’s condition, based on psychological testing, interviews, medical records, and the facts of the case.

Because of the complex and highly technical nature of this defense, it’s essential for a defendant to have a criminal defense attorney who is experienced in handling mental health-related cases and who understands how to work effectively with expert witnesses.

What Happens If a Defendant Is Found Not Guilty by Reason of Insanity?

A common misconception is that a defendant who successfully uses the insanity defense simply “gets away with it.” In reality, a verdict of Not Guilty by Reason of Insanity (NGRI) is not a free pass—it often leads to long-term involuntary commitment in a state mental health facility, sometimes for a period longer than the prison sentence they would have received if convicted.

If a defendant is found NGRI, the court will order a commitment hearing to determine whether the person poses a continued risk to themselves or others. If the court finds that danger exists, the individual is placed in the custody of the Florida Department of Children and Families for treatment. This typically means placement in a secure psychiatric facility for an indefinite period.

There is no fixed sentence or guaranteed release date. Instead, the person remains committed until medical professionals and the court determine that they no longer meet the criteria for hospitalization. This could take years—or, in some cases, the rest of the person's life. Regular status hearings are held to evaluate progress, but release is not automatic.

Even after release, individuals found NGRI may be subject to conditional release plans, which include supervision, ongoing psychiatric treatment, and strict compliance requirements. If they violate these conditions or deteriorate mentally, they can be re-committed.

In short, the consequences of a successful insanity defense are serious and involve long-term oversight by the mental health and legal systems.

Common Myths and Misconceptions About the Insanity Defense

The insanity defense has been sensationalized in movies, TV shows, and high-profile court cases, which has led to a number of misunderstandings about how it actually works in the real world—especially in Florida. Here are a few of the most common myths:

Myth #1: “It’s an easy way to avoid prison.”
In reality, the insanity defense is used in only about 1% of criminal cases nationwide, and of those, only a small fraction are successful. The burden of proving legal insanity is extremely high, and even if the defense succeeds, the defendant will likely spend years—or even decades—in a secure psychiatric facility under state supervision.

Myth #2: “Mental illness is enough to claim insanity.”
While many defendants may suffer from some form of mental illness, that doesn’t mean they meet Florida’s strict legal definition of insanity. The law requires proof that the defendant was unable to understand what they were doing or that it was wrong at the exact time of the offense—not just that they had a diagnosis.

Myth #3: “People who plead insanity are faking it.”
False claims of insanity are rare—and they’re extremely difficult to sustain. Defendants are evaluated by multiple mental health professionals, including court-appointed experts, who use standardized assessments and in-depth interviews to determine credibility. The process is rigorous and designed to detect malingering (faking mental illness).

Myth #4: “They walk free after the verdict.”
As discussed earlier, individuals found not guilty by reason of insanity are typically committed to psychiatric care, not released. Their freedom is contingent on ongoing evaluations, court oversight, and strict conditions.

Understanding the truth behind these myths is important—not only for defendants and their families, but also for the public’s perception of mental health and the criminal justice system.

Navigating the Insanity Defense with Legal Expertise

The insanity defense in Florida is one of the most complex and misunderstood areas of criminal law. It requires not only a deep understanding of legal standards and procedures, but also the ability to work with mental health professionals, navigate expert testimony, and present a clear, credible case to the court. It’s not an easy path—and it’s certainly not a loophole—but in cases where it applies, it can be a crucial legal safeguard for those who were truly unable to understand their actions due to severe mental illness.

If you or a loved one is facing criminal charges and you believe mental health may play a role in the case, it’s essential to speak with an experienced criminal defense attorney as soon as possible. At Aaron Delgado & Associates, we have extensive experience handling complex cases involving mental health defenses, and we’re prepared to fight for your rights with the knowledge, skill, and compassion you deserve.

Contact us today to schedule a confidential consultation and learn how we can help you navigate your legal options.