Can you use a mental disorder as a defense to an assault charge?

Mental incapacity can be the result of many things, most notably extreme alcohol or drug intoxication and mental retardation. When one does not have mental capacity to understand rights and wrongs, or appreciate the actions they are undertaking, this often leads to what is known as a temporary insanity defense. Those with permanent mental incapacity, which your cousin may have, often find themselves pleading insanity defense for assault attacks. Typically, if the court agrees with the assessment, they will require institutionalize if the person is a risk to society or require serving their sentence in a mental institution, which can often result in a lifetime commitment for those unable to function or maintain their sanity. You should speak with a lawyer to determine the best course of action to ensure your cousin’s legal rights are protected, but that his medical issues are taken under consideration as well.