Sex Crimes

Defenses: Were You Insane at the Time?

- Lotze Mosley

There are many ways to defend oneself against a crime. One that has come up more in the media lately, but is not always understood, is that of pleading “insanity,” either permanently or at the time the crime was committed.

The Insanity Defense in Washington D.C. & Maryland

The insanity defense is an affirmative defense. This means that the defendant is admitting to committing the crime of which he or she is being accused, however, he or she wants to have the behavior excused by reason of mental illness.

The illness must satisfy the definition of legal insanity, which varies by state. There are many different tests for “legal insanity,” and each state’s test is different. Some have combined different tests into one, while others have subscribed to one particular test and codified it in their law.

Maryland and Washington D.C., for example, utilizes the Model Penal Code Rule. Under this rule, someone is legally insane if diagnosed with a relevant mental defect, and, at the time of the crime, was unable to either appreciate the criminality of his/her conduct, or conform his/her conduct to the requirements of the law.

Essentially, the defendant must:

  • Be diagnosed with a mental defect, such a several schizophrenia or a severe mental disability; and
  • Not know right from wrong; or
  • Lack the ability to control an impulse that led to the crime committed

What a Successful Insanity Defense Means

If a lawyer is successful in raising the insanity defense on behalf of his or her client, the client will not be held legally responsible for the crime committed. This means any crime, including:

  • Drug crimes
  • Homicide
  • Sex crimes
  • Property crimes
  • White collar crimes

If you, or a loved one, have been charged with a sex crime, and feel you meet the test for legal insanity under Maryland or Washington D.C. law, we recommend that you consult our experienced criminal defense attorneys at Lotze Mosley, LLP.

Our criminal defense attorneys know when it is appropriate to raise an insanity defense at trial and to prove insanity to a jury or judge. We are skilled at trial tactics and plea negotiations, as well as negotiating a favorable sentence.

Lotze Mosley, LLP, has years of experience handling criminal cases. We know this is a stressful time in your and your loved one’s lives. If you suffer from a mental disorder that may have affected you at the time, or one that you have been dealing with your whole life, we know how this adds extra stress and complexity to your situation.

We want to help. For an initial consultation, we welcome your call to our office at (202) 393-0535.

Consult an Attorney When Charged with a Sex Crime

- Lotze Mosley

Sex crimes are serious, and they span a wide variety of allegations including rape, sexual assault, molestation of a minor, and child pornography. Being accused of a sex crime can be devastating to your life as it can severely impact your ability to get a job, your relationship with your family and other loved ones, and your position in society.

Crossing State Borders: The Internet

Where the alleged incidents occur can impact how they are handled under the law. For instance, last month, a registered sex offender was sentenced to 35 years in prison for transporting and possessing child pornography. While the defendant is a resident of Colorado, he admitted to transmitting the pornography over the internet – or over state lines – which made his crime a federal one. Thus, it was handled by federal officials in Washington D.C.

Teachers Accused

In a different scenario, earlier this month, a report surfaced accusing two California teachers of having sex with high school students at an Orange County beach party where alcohol was present.

The teachers, who were in their 30s, allegedly provided the students with alcohol. It is also alleged that one of the teachers engaged in sexual acts with an underage student. The other teacher present at the party allegedly had sex with a student over the age of 18, thus she is not being charged with a sex crime. This same teacher, however, is also accused of having sexual relations with another student at a party in November of last year.

Both teachers were arraigned earlier this month. They will await trial while consulting with their criminal defense attorneys on their charges, potential defenses, and the best course of action for each of their cases.

Why you need an attorney if you’ve been accused of a sex crime

If you have been accused of, or charged with, sexual assault, it is imperative to consult an experienced criminal defense attorney. At Lotze Mosley our attorneys have defended sex crimes for many years, and we have secured favorable jury verdicts, sentences, and plea deals for our clients.

Our attorneys work tirelessly to ensure that the rights of our clients are upheld. Being accused of a sex crime should not be taken lightly, and we will exhaust all avenues to present your case in a way that will deliver you the best outcome.

Our professional and experienced legal team at Lotze Mosley’s will do whatever we can to get your life back on track.

We offer a free initial consultation. To arrange yours, please call our office at (202) 393-0535.