Mental Health and Criminal Law

The popular belief is that one has to be crazy to commit a crime.  The reality is that the law is much narrower.  Traditional motions of insanity and competency to stand trial are not as commonplace as you would think.  A significant portion of Brian J. Neary's practice, however, deals with a defendant's state of mind in the commission of a crime, particularly murder and aggravated assault.  In the past decade, some of the most intriguing and complex mental health defenses in Bergen County include:

• 1991: Murder of a wife by her husband later found praying at a karate school.  Not guilty by reason of insanity.
• 1996: Double homicide of defendant's mother and father.  Not guilty by reason of insanity.
• 1998:  Murder of 78-year-old wife, found stuffed in the basement freezer.
• 2001: Murder of a cousin.
• 2002: Murder of a father by his troubled son.

Brian J. Neary has the experience to recognize mental health issues.  He regularly deals with mental health professionals, including forensic psychiatrists.  A person's mental health can be an important factor in determining whether they are competent to stand trial or whether the defenses of insanity or diminished capacity may be available, which would lead to a verdict of not guilty by reason of insanity.  Contrary to what many people think, a not guilty verdict does not mean that person just walks away and lives their life as they please.  The courts maintain continued supervision over such defendants after a verdict of not guilty by reason of insanity on a regular basis.  In some cases, the mental health of the defendant is not a complete defense to the crime, but may be a mitigating factor in sentencing, particularly in cases involving sex offenses, arson and narcotics.