Sawyer Legal Group LLC

Talk To An Attorney – Now: 303-731-0719

  • Home
  • About
  • Crime Definitions
  • Practice Areas
    • Crimes A-Z
    • Domestic Violence
    • Person / Violent Crimes
    • Sexual Offenses
    • Property Crimes
    • Juvenile Crimes
    • DUI / DWAI / Traffic
  • Case Results
  • FAQ
  • Blog
  • Contact
CLOSE MENU X

How Can We Help?

Charged With A Crime? It Doesn’t Mean You’re Guilty.

Image of Kyle B. Sawyer
  1. Home
  2.  » 
  3. Courts, Probation And Procedures
  4.  » 
  5. Insanity And Incompetency

Insanity And Incompetency

Insanity Vs. Incompetency To Proceed Definition And Differences In Denver County Criminal Case

Criminal charges are put on hold in any case where the defendant is incompetent to proceed (incompetency) or insane in Denver County. Where the line between these two conditions is drawn will affect how the case proceeds, because they serve different purposes in a criminal case.

Insanity (C.R.S. 16-8-101.5) Definition: Though sometimes falsely claimed, there are indeed times when a person is “so diseased or defective in mind” at the time of a crime that they are “incapable of distinguishing right from wrong” (Insanity defined C.R.S. 16-8-101). Under the right circumstances, and fulfilling the necessary criteria, a person can claim insanity in defense of criminal charges in Denver, Colorado. This will halt the proceedings and, if proven, it can result in a “not guilty by reason of insanity and dismissal of the charges.”

The key factor of claiming insanity is that the defendant is claiming insanity at the time of the crime.

Incompetent To Proceed (C.R.S. 16-8.5-102): If, as a result of current and ongoing mental health issues/insanity, a defendant is unable to proceed with their case, the prosecutor or defense attorney may claim the defendant “incompetent to proceed.” This will halt the proceedings in Adams County, and the district court judge will order a competency evaluation.

The key factor of claiming “incompetent to proceed” is that the defendant is claiming incompetence at the time of the trial or Hearing.

Legal Standards For Insanity/Incompetency Defense In Jefferson County – What Are They?

In the past, claims of insanity and incompetency have been exaggerated and falsified in Jefferson County, with people dishonestly claiming that they committed a crime in a mentally altered state of mind. As a result, good, honest people who are truly suffering from out of control mental health issues now have to go through complex steps in order to have their claim of insanity/incompetency justified.

Depending on the case, the legal standards for an insanity/incompetency defense in Littleton, Colorado, can include:

  • A competency evaluation by a mental health professional selected by the court
  • Being held in a treatment facility until competency or sanity is restored (could be dozens of years or a lifetime)
  • Involvement of expensive private experts in psychiatry and psychology
  • Complex hearings involving nonexpert (lay witnesses) and expert testimony with a high burden of proof

With these claims, you can expect a great deal of pushback from the government and its experts.

Douglas County And Arapahoe County Finding Of Insanity – What Happens Next?

Courts, district attorneys, psychiatrists and psychologists in Douglas County are highly suspicious of claims that a person is not mentally capable to proceed or was insane and not in their right mind at the time of the crime. These are difficult claims and pleas to support, and even if successful, it is not all good news.

When a defendant is found incompetent to stand trial, they can be held at a treatment facility until a mental professional deems them competent or sane enough to stand trial once again. Though the treatment might have been necessary, this means that the claim has only delayed the inevitable: trial and sentence. Of course, with insanity or insane at the time of the crime, the case will be permanently dismissed.

When an Arapahoe County defendant is found mentally insane, they can face many years or a lifetime in a psychiatric institution.

“According to the American Psychiatric Association, studies show that defendants acquitted by reason of insanity are likely to spend as much or more time confined in a psychiatric institution as they would have if convicted and sentenced to jail or prison for the same crime. One study determined insanity defense acquittees frequently spend twice as much time institutionalized as defendants convicted of a similar offense spend in correctional facilities. Additionally, once released, they may be subject to long-term judicial oversight, unlike a convict who received a conventional guilty verdict.” – PBS Frontline “Insanity Defense FAQs”

Attorney For Mental Disorder Defense In Adams County

A person cannot be criminally responsible for their actions if a mental disorder caused them to do something that they would not have done, had the psychiatric disease not existed.

The process and requirements for an insanity or incompetency plea are complex in Adams County. If you or a loved one has been charged with a crime and believe that a claim of insanity or incompetency is justified as a result of mental health issues, be smart, exercise your right to remain silent and contact our knowledgeable and experienced attorneys at 303-731-0719 today. Together, we can protect your future.

Facing Charges? Get Help Now!

 

Facing Charges? Get Help Now!

Practice Areas

  • Crimes A-Z
    • Assaults
      • Assaults In The First Degree
      • Assaults In The Second Degree
      • Assault In The Third Degree
    • Child Abuse
      • Dependency And Neglect Resulting From Child Abuse
      • Felony Child Abuse
      • Misdemeanor Child Abuse
      • Trails Listing At DHS
    • City & Municipal Courts
      • Aurora Municipal Court
      • Castle Rock Municipal Court
      • Denver Municipal Court
      • Lakewood Municipal Court
      • Public Nuisance In Denver
      • Westminster Municipal Court
      • Wheat Ridge Municipal Court
    • Courts, Probation And Procedures
      • Arrest And Jail Process
      • Attempt To Commit A Crime
      • Attorney Fees For Criminal Cases
      • Bail/Bond Procedures
      • Colorado Courts Map
      • Conspiracy To Commit A Crime
      • Contempt Charges By A Court
      • Counties In Colorado: Find Your County
      • Court Hearings In Criminal Cases
      • Courthouses
      • Entrapment As A Defense
      • Expungement Of Juvenile Records
      • Extradition To And From Colorado
      • Insanity And Incompetency
      • Jury Trials – When & Why?
      • Miranda Rights
      • Municipal/Petty Crime Record Sealing
      • Municipal Courts
      • Plea Bargains
      • Presentence Investigation Report
      • Probation Sentence/Probation Officers
      • Probation Violations
      • Record Sealing
      • Restitution From Criminal Convictions
      • Sealing Of Drug Convictions In Colorado
      • Sentencing In Criminal Cases
      • Subpoena Service Of Process
      • Violation Of Bail Bond Conditions
      • Voting With A Felony Or Misdemeanor
      • Warrants
    • Cruelty To Animals In Colorado
    • Disorderly Conduct in Colorado
    • Drug Charges
      • Cocaine Possession
      • Crack Cocaine Possession
      • Ecstasy Possession
      • Heroin Possession
      • Marijuana (Marihuana) Cultivation
      • Marijuana On Probation
      • Marijuana Possession
      • Methamphetamine/Meth Possession
      • Schedule I Or II Drugs Without Prescription
      • Schedule Of Drug Offenses
    • Firearms Rights & Crimes
      • Concealed Carry Permit
      • Illegal Discharge Of A Firearm
      • Possession Of A Concealed Weapon
      • Possession of an Illegal or Dangerous Weapon
      • Possession Of A Weapon – Previous Offender
      • Possession Of Handgun By Juvenile
      • Prohibited Use of Weapons
      • Purchase & Sale Of Firearms
    • Fraud/Forgery
      • Casino Fraudulent Acts
      • Check Fraud
      • Criminal Extortion
      • Criminal Impersonation in Colorado
      • False Information To A Pawn Broker
      • Forgery In Colorado
      • Gambling And Casino Crimes
      • Identity Theft In Colorado
      • Unauthorized Use Of A Financial Transaction Device
    • Internet Sex Crimes
      • Enticement Of A Child
      • Indeterminate Sentence Sex Crimes
      • Indeterminate Sentencing In Colorado
      • Internet Luring of a Child
      • Internet Sexual Exploitation of a Child
      • Sexual Exploitation of a Child
    • Jail and Prison Information
      • Adams County Jail
      • Arapahoe County Jail
      • Community Corrections
      • Denver County Jail And Detention
      • DNA Expungement
      • Douglas County Jail
      • Inmate Communication
      • Introducing Contraband
      • Jail And Prison Life
      • Jail Intake/Entry
      • Jail Visit By A Lawyer
      • Jefferson County Jail
      • Parole From Prison
      • Parole Revocation Hearings
      • Prison & Department of Corrections
      • Work Release From Jail
    • Police-Involved Crimes
      • Assault in the Second Degree – Police
      • Escape In Colorado
      • False Reporting In Colorado
      • Impersonating A Peace/Police Officer
      • Obstruction In Colorado
      • Resisting Arrest In Colorado
    • Restraining Orders
      • Civil Protection Order Dismissal & Modification
      • Civil Restraining/Protection Orders In Criminal Cases
      • Criminal Restraining Orders In Colorado
      • Violation Of A Protection Order
    • Witness And Victim Crimes
      • Aggravated Intimidation Of A Victim Or Witness
      • Bribing Or Bribery Of Witness Or Victim
      • Intimidation of a Witness or Victim
      • Perjury In Colorado
      • Retaliation Against A Witness Or Victim
      • Witness or Victim Tampering
  • Domestic Violence
    • Civil Assist In Domestic Violence
    • Domestic Violence Definition
    • Domestic Violence Protection/Restraining Orders In Colorado
    • Domestic Violence Treatment In Colorado
    • Firearms And Domestic Violence
    • Intimate Relationship – Sex Not Required
    • Victim’s Advocates
  • Person and Violent Crimes
    • At Risk Adults & Juveniles
    • False Imprisonment
    • Harassment In Colorado
    • Kidnapping
    • Manslaughter in Colorado
    • Menacing
    • Murder / Homicide
    • Obstructing a Peace Officer in Colorado
    • Obstruction of Telephone Service
    • Reckless Endangerment
    • Resisting Arrest Charges in Colorado
    • Robbery
    • Stalking Definition
  • Sexual Offenses
    • Failure To Register As A Sex Offender In Colorado
    • Incest & Aggravated Incest In Colorado
    • Indecent Exposure in Colorado
    • Invasion of Privacy for Sexual Gratification
    • Class 6 Felony Sexual Assault, Child Victim
    • Promotion Of Obscenity To A Minor
    • Prostitution, Solicitation And Pimping In Colorado
    • Public Indecency
    • Sex Offender Deregistration In Colorado
    • Sex Offender Registration
    • Sex Offender Sentencing
    • Sex Offender Treatment Overview
    • Sexual Assault Charges in Colorado
    • Sexual Assault Felony Charges in Colorado
    • Sexual Assault on a Child
    • Pattern of Sexual Abuse, Defined
    • Sexual Assault on a Child, Position of Trust
    • Sexual Assault Misdemeanor Charges in Colorado
    • Unlawful Sexual Contact
  • Property Crimes
    • Arson
      • First-Degree Arson
      • Fourth-Degree Arson
      • Second-Degree Arson
      • Third-Degree Arson
    • Burglary
      • First Degree Burglary
      • Possession Of Burglary Tools
      • Second Degree Burglary
      • Third Degree Burglary
      • Burglary Law Changes in Colorado
    • Criminal Mischief In Colorado
    • Theft And Embezzlement
      • Accessory to Crime & Complicity
      • Motor Vehicle Theft
      • Computer Crime
      • Construction Trust Fund Theft
      • Embezzlement
      • Felony Theft In Colorado
      • Misdemeanor Theft In Colorado
      • Shoplifting Theft In Colorado
    • Juvenile Crimes
      • Direct Filing
      • Interference With Educational Institutions
      • Juvenile Detention Facilities
      • Juvenile Record Expungement
      • Juvenile Sexting And Texting In Colorado
      • Juvenile Sexual Assault on a Child in Colorado
      • Minor in Possession of Alcohol
      • Our Juvenile Justice System
    • Trespassing/Trespass
      • First-Degree Criminal Trespass
      • Second-Degree Criminal Trespass
      • Third-Degree Criminal Trespass
  • DUI / DWAI / Traffic
    • Breathalyzer Test
    • DMV Hearing
    • Driving Under The Influence Of Alcohol
    • Driving While Ability Impaired By Alcohol
    • DUI/DWAI Expressed Consent
    • DWAI/DUI Blood Alcohol Content (Blood Alcohol Concentration)
    • Felony DUI In Colorado
    • Field Sobriety Test
    • Handling The Colorado DUI/DWAI Stop
    • Unlawful Acts – Alcohol
    • What Is The Difference Between DUI And DWAI?
    • Traffic Crimes
      • Accident Involving Damage
      • Accidents Involving Death or Personal Injuries
      • Careless Driving
      • Department of Motor Vehicle (DMV) Hearings in Colorado
      • DMV Point System in Colorado
      • Driving Under Restraint in Colorado
      • Failure To Report An Accident
      • Habitual Traffic Offender & Aggravated Driving
      • Hit and Run – Leaving the Scene of an Accident
      • OJW – Outstanding Judgment Warrant
      • Probationary Driver’s License
      • Reckless Driving
      • Speeding Tickets
      • Vehicular Assault In Colorado
      • Vehicular Eluding In Colorado
      • Vehicular Homicide
  • Sex Offenses – An Overview
  • Rape, Sexual Assault, Date Rape And Statutory Rape
  • Victimless Sex Offenses
  • Sex Offender Registry
  • False Allegations
  • Frequently Asked Questions About Sex Offenses
  • Sex Offenses – Resource Links

Don’t Talk To The Police – Talk To Us.

Evaluate My Case

Contact Us

Denver Office

3801 E. Florida Avenue
Suite 725
Denver, CO 80210

Denver Office

Castle Rock Office

757 Maleta Ln
Suite 204
Castle Rock, CO 80108

Castle Rock Office

Westminster Office

1490 West 121st Avenue
Suite 102
Westminster, CO 80234

Westminster Office

Phone:
1-866-365-9351

Phone:
303-731-0719

  • Follow
  • Follow
  • Follow
  • Follow
  • Follow
Review Us

© 2025 Sawyer Legal Group, LLC • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw