What is the difference between a defense of insanity and a diminished capacity defense?

The difference between a defense of insanity and a diminished capacity defense in New York law is significant. An insanity defense argues that the defendant was unable to comprehend the nature of their actions and, therefore, is not responsible for any criminal activity they may have taken part in. On the other hand, a diminished capacity defense does not excuse the defendant of their actions. Rather, with a diminished capacity defense the defendant was able to comprehend the nature of their actions, but had a diminished mental capacity that impacted the capacity for them to form the necessary intent to commit the crime. In order to be successful in New York, a defendant must prove that at the time of the crime, they were not able to form the intent to commit the crime due to a mental illness, intoxication, or any other pre-existing condition. In other words, they must show that a diminished capacity was in place due to an external factor. An insanity defense requires proof of a more severe mental illness which in turn renders the defendant unable to comprehend whether their action was wrong or right. When facing criminal charges in New York, a defense of insanity or a diminished capacity defense may provide a reasonable defense. It is important to note that in order for either defense to be successful, evidence of the defendant’s mental capacity at the time of the crime must be provided. Consulting an experienced criminal defense attorney is key in order to identify which defense is most appropriate in a given situation.

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What is the difference between a defense of insanity and a diminished capacity defense?

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