NYC Insanity Defense Lawyer
Strategic Psychiatric Defense in Serious Criminal Cases
If you or a loved one is facing serious criminal charges and struggling with a documented mental illness, the insanity defense may be a vital legal option. At Sosinsky Law, we provide dedicated representation to clients throughout New York City who need a strong, experienced NYC insanity defense lawyer to fight for justice, fairness, and compassion in the courtroom.
Mental health issues are too often overlooked in the criminal justice system, and without the right legal strategy, individuals suffering from severe psychiatric conditions can face the full force of criminal prosecution—even when they were not in control of their actions. Sosinsky Law has extensive experience handling mental health defenses in felony and federal cases, ensuring that clients receive the legal protection they deserve.
What Is the Insanity Defense?
The insanity defense is a legal argument that a defendant should not be held criminally responsible for their actions due to a severe mental disease or defect that rendered them incapable of understanding the nature or wrongfulness of their conduct at the time the offense was committed.
In New York, the insanity defense is governed by New York Penal Law § 40.15, which states that a person is not criminally responsible if, at the time of the criminal act, as a result of mental disease or defect, they lacked the substantial capacity to either:
- Understand the nature and consequences of their conduct, or
- Know that their conduct was wrong
This defense is highly complex and requires extensive evidence, including psychiatric evaluations, expert testimony, and a thorough understanding of the law.
When Is the Insanity Defense Used?
The insanity defense is typically raised in cases involving violent felonies, including:
- Murder or attempted murder
- Assault with a deadly weapon
- Arson or serious property crimes
- Federal crimes involving conspiracy or threats
- Sex crimes where mental health issues are involved
This defense is not a loophole or easy way out—it is used in rare, serious cases where the accused was experiencing such a profound break from reality that they could not distinguish right from wrong. Judges and juries require compelling, well-supported evidence before accepting this defense.
How the Insanity Defense Works in New York
In New York criminal courts, the insanity defense is considered an affirmative defense, meaning the burden is on the defense team to prove it by a preponderance of the evidence. This differs from most criminal defenses, where the burden lies on the prosecution.
Key Steps in an Insanity Defense Case:
- Psychiatric Evaluation: A court-approved mental health expert will assess the defendant’s psychiatric history, current condition, and mental state at the time of the crime.
- Expert Testimony: Both the defense and prosecution may present expert witnesses, such as psychiatrists or psychologists, to testify about the defendant’s mental capacity.
- Presentation to Jury or Judge: The defense must clearly demonstrate that the defendant suffered from a qualifying mental illness that made them unable to understand their actions or distinguish right from wrong.
If successful, a verdict of “Not Responsible by Reason of Mental Disease or Defect” is rendered. However, this does not mean the defendant walks free—they are usually committed to a secure psychiatric facility until deemed no longer a danger to themselves or others.
Common Mental Illnesses in Insanity Defense Cases
While every case is unique, certain psychiatric conditions frequently arise in insanity defense cases, including:
- Schizophrenia and schizoaffective disorder
- Bipolar disorder with psychotic features
- Severe PTSD or trauma-related dissociation
- Delusional disorder
- Major depressive disorder with psychosis
- Intellectual disability or cognitive impairments
The key factor is not just the diagnosis, but whether the condition severely impaired the defendant’s ability to understand their actions or perceive their wrongfulness at the time of the offense.
Why You Need an Experienced Insanity Defense Lawyer
Insanity defenses are rare, complicated, and highly scrutinized. Without an attorney experienced in psychiatric defenses and criminal trial law, your case can quickly unravel. At Sosinsky Law, we combine decades of criminal defense experience with a deep understanding of mental health law, forensic psychology, and courtroom strategy. We know how to:
- Work with forensic psychiatrists and mental health professionals
- Gather and present compelling psychiatric evidence
- Prepare persuasive legal arguments for judges and juries
- Anticipate and counter arguments from the prosecution
- Protect your rights in high-stakes, emotionally charged trials
Whether you’re facing state charges in Manhattan, Brooklyn, Queens, or the Bronx—or even federal charges with a psychiatric defense angle—Sosinsky Law can guide you through the process with skill and determination.
Alternative Outcomes and Sentencing Considerations
Even if a full insanity defense is not successful, raising mental illness as a mitigating factor can influence:
- Plea negotiations: Prosecutors may agree to reduced charges or alternative sentencing in recognition of your mental health history.
- Sentencing: Judges often take mental illness into account during sentencing, potentially avoiding lengthy prison terms in favor of treatment-focused options.
- Civil commitment: A verdict of “not responsible” typically results in confinement to a psychiatric facility rather than a correctional institution.
We work hard to ensure that mental illness is not ignored—and that our clients receive treatment, not punishment, wherever possible.
Proven Track Record in Complex Insanity and Psychiatric Defense Cases
With decades of experience defending clients with serious psychiatric conditions, Sosinsky Law is uniquely equipped to handle insanity defense cases in both state and federal court. Our firm has represented individuals diagnosed with schizophrenia, bipolar disorder, major depressive disorder with psychotic features, and other severe mental illnesses.
We have successfully worked with leading forensic psychiatrists and psychologists to challenge the prosecution’s claims, present expert testimony, and secure verdicts that recognize our clients’ diminished capacity or lack of criminal responsibility. Few attorneys in New York City possess the depth of experience Sosinsky Law brings to psychiatric criminal litigation—and even fewer combine that experience with the tenacity and strategic thinking required to win these complex cases.
What to Do If You or a Loved One Needs an Insanity Defense
If you or someone you care about has been arrested and is suffering from a serious mental illness, time is critical. The sooner you involve an experienced NYC insanity defense lawyer, the better your chances of protecting your future. Early intervention allows us to:
- Conduct prompt psychiatric evaluations
- Secure medical records and expert testimony
- Communicate with prosecutors about potential diversion or plea agreements
- Prepare a thorough defense strategy that accounts for all legal and medical facts
Speak With a NYC Insanity Defense Lawyer Today
Mental illness is not a crime, and those suffering from psychiatric disorders deserve compassion, treatment, and strong legal representation. At Sosinsky Law, we are committed to defending individuals with mental health conditions who find themselves facing serious criminal charges in New York.
If you or a loved one needs an experienced NYC insanity defense lawyer in New York City, contact us today for a confidential consultation. We are ready to stand by your side and ensure that your rights are protected every step of the way.