At Wolf Law in Denver, our attorneys understand that mental health issues can significantly impact how someone behaves, makes decisions, or even understands their actions. In the criminal justice system, these factors can change everything — from whether a defendant can stand trial to whether they can be held legally responsible for a criminal act.
Colorado law recognizes that mental illness or a mental health condition can affect a person’s mental state to the point that traditional punishment doesn’t serve justice. In these cases, two major defenses come into play: the insanity defense and the competency defense.
The Role of Mental Health in Criminal Defense
When someone faces criminal charges but suffers from a mental disease or disorder such as bipolar disorder, posttraumatic stress disorder, or schizophrenia, their mental capacity at the time of the alleged offense becomes a key issue.
A qualified defense attorney must determine whether the individual understood right from wrong, could form the criminal intent required for the crime charged, and whether they are mentally capable of assisting in their own defense.
At Wolf Law, we work with mental health professionals to ensure that our clients receive fair treatment, appropriate mental health evaluations, and access to care if needed.
Understanding the Insanity Defense
The insanity defense is one of the most misunderstood concepts in criminal law. Contrary to popular belief, it’s rarely used and even more rarely successful. In Colorado, it’s only appropriate when a defendant’s mental condition made them legally insane at the time of the crime.
To use the insanity defense, the defendant must show that because of a mental disease or defect, they were incapable of understanding right from wrong or of forming the intent required to commit the offense.
In other words, the defendant’s mental state prevented them from understanding the nature or consequences of their actions.
The Legal Standard for Insanity in Colorado
Under Colorado law, a defendant is considered insane if, at the time of the alleged crime, they were unable to distinguish right from wrong because of a mental disease or defect. However, not all mental health conditions qualify.
For example:
- Temporary emotional distress or anger doesn’t meet the threshold.
- Substance abuse or voluntary intoxication cannot be used as an insanity defense.
If the court accepts an insanity plea, the defendant is not simply “set free.” Instead, they’re typically sent to a state hospital or mental health treatment facility for evaluation and care. The court monitors progress to determine when — or if — the person is safe to return to society.
The Competency Defense: Fit to Stand Trial
The competency defense focuses not on what happened during the criminal act, but on whether the defendant is mentally capable of participating in the criminal proceedings.
A defendant must be able to:
- Understand the charges against them.
- Comprehend the court process.
- Communicate effectively with their defense attorney.
If someone cannot do these things because of mental illness or cognitive impairment, they are found incompetent to stand trial. In such cases, the court pauses the proceedings until the defendant can undergo mental health treatment or psychiatric evaluation aimed at restoring competency.
Determining Competency and Insanity
Before an insanity plea or competency defense can proceed, the trial judge must order a psychiatric evaluation by licensed mental health professionals. These experts examine the defendant’s mental state, history, and ability to understand and participate in their defense.
The Colorado Supreme Court has reinforced that the trial court must consider all evidence of mental incapacity carefully before allowing the case to move forward.
In most cases, mental health evaluations include:
- Psychological testing
- Interviews with the defendant and family members
- Review of medical and mental health records
- Observation over time in a controlled environment
The findings can significantly impact whether a case proceeds to trial or shifts toward treatment and rehabilitation.
What Happens After a Finding of Insanity or Incompetency
If a defendant is found legally insane, they’re committed to a mental health treatment facility rather than sentenced to prison. The goal is rehabilitation and recovery — not punishment.
Those found incompetent to stand trial receive treatment until they are deemed competent to proceed. This may include therapy, medication, or inpatient care. Once competency is restored, the criminal case resumes.
In both instances, Wolf Law works to ensure that our clients receive the mental health treatment they need and that the legal process respects their constitutional rights.
Why Mental Health Defenses Matter
The insanity and competency defenses exist to ensure fairness. Punishing someone who cannot understand their actions or participate in their trial goes against fundamental principles of justice.
For individuals living with severe mental illness, these defenses provide access to treatment instead of incarceration — and help prevent further harm to themselves and others.
It’s important to note, though, that the insanity defense is used in only a small percentage of criminal cases, and it’s successful in even fewer. That’s why working with an experienced criminal defense attorney is crucial in such cases.
Building a Defense with Mental Health in Mind
At Wolf Law, our attorneys understand how mental health can significantly impact a defendant’s case. We work closely with psychologists, psychiatrists, and medical experts to evaluate each client’s mental condition and develop the most effective defense strategies.
We also ensure that the prosecution meets its burden of proving criminal intent beyond a reasonable doubt — something that may not be possible if mental health issues played a major role.
Whether you’re seeking to use the insanity defense, question competency, or simply ensure fair treatment under Colorado law, our team is ready to help.
Common Misunderstandings About the Insanity Defense
Many people think claiming insanity means escaping responsibility. In truth, the process is complex, highly scrutinized, and rarely results in release. Defendants found not guilty by reason of insanity are usually committed to state hospitals for years — sometimes longer than a typical prison sentence.
Others assume mental health issues automatically justify the insanity defense. They don’t. The court must find that the mental disease directly affected the defendant’s ability to tell right from wrong or understand the nature of the act.
These distinctions are critical — and having an experienced defense attorney to navigate them can make all the difference.
The Bottom Line
When mental health becomes part of a criminal case, it requires a defense that balances compassion, science, and law. Colorado courts take these matters seriously, but navigating them takes skill and persistence.
If you or someone you love is facing criminal charges where mental health issues may be a factor, don’t wait. The sooner you involve a qualified criminal defense attorney, the stronger your case will be.
Wolf Law in Denver has extensive experience handling insanity and competency defenses under Colorado law. We work tirelessly to protect your rights, ensure proper evaluation, and pursue the best possible outcome — whether that’s treatment, dismissal, or acquittal.
Call 720.479.8574 today for a free consultation with an experienced criminal defense attorney who understands how mental health and the law intersect in Colorado courts.
