What is the brain defense?

On Behalf of | Dec 4, 2019 | Criminal Law |

There are many ways to defend against criminal charges in New York. One current trend, according to the History News Network, is the brain defense. You may use this to fight for a different verdict or to lessen your sentence. The idea behind this claim is that a brain injury or condition made you not responsible for your actions.

The brain defense essentially says that due to damage to your brain from an injury or condition, it no longer works in a way that makes you accountable for your actions. You did not know what you were doing while committing the act, and you were unable to control your actions. Essentially, this is an insanity type defense. You admit to guilt, but you do not admit to responsibility for the actions due to not being of sound mind.

Neurolaw is a new practice of law that often focuses on using this type of defense and working on cases involving people who have a serious brain injury or condition. The goal is often to seek a lighter sentence for these individuals because a person must admit guilt in order to use the defense properly. Although, it could also apply in cases where you want charges reduced.

There is a lot of science in this type of defense. You will usually undergo various tests and examinations to determine the amount of damage to your brain. It may involve expert witness testimony as well. The defense hinges on the fact that you do have some issue within your brain that prevents you from understanding your actions or controlling your actions. This information is for education and is not legal advice.