Georgia Criminal Defense Blog

Reports That Georgia Man Accused of Killing Son Will Utilize Defense of Insanity

Posted by Richard Lawson | Sep 14, 2018 | 0 Comments

Montrais Boyd has been accused of beating his 5-year-old son with a shovel, slitting his throat, and burying him in a Metro Atlanta backyard earlier this year. 

Boyd is facing multiple charges including murder in Georgia. According to reports, the judge assigned to his case ordered on Monday for Boyd to undergo mental health testing and evaluations to determine if he was suffering from serious mental health issues when he allegedly killed the child. Boyd's attorneys have stated that he suffered from mental health problems that could have prevented him from understanding right from wrong. 

According to Boyd's family members, Boyd had been diagnosed as schizophrenic before the incident, and that he can hear God talking to him. 

As an Atlanta Criminal Defense Lawyer, I will explain the insanity defense in Georgia in today's post as to clear up any confusion that might exist.

Insanity Defense in Georgia

This is one of the most commonly referred to criminal defenses in the media. The insanity defense is actually much more complicated than most people believe. The Georgia Code defines the insanity defense as:

A person shall not be found guilty of a crime if, at the time of the act, omission, or negligence constituting the crime, the person did not have the mental capacity to distinguish between right and wrong in relation to such act, omission, or negligence. O.C.G.A. §16-3-2.

Georgia's rule concerning insanity concerns the accused person's ability to distinguish right from wrong. If the accused person is legally insane at the time of his criminal act, no criminal liability will be imposed. 

However, the burden of proof is on the defendant to prove insanity by a preponderance of the evidence while the State must prove sanity beyond a reasonable doubt. If the defendant does not present any evidence for the jury to conclude that the defendant did not know right from wrong when they committed the criminal acts, then the insanity defense will not apply. 

Practice Note

Our attorneys understand how to determine which Georgia Criminal Defenses may apply to each specific case and how to properly utilize them. 

The insanity defense, as I mentioned above, is seriously complicated and a very difficult defense to use. It includes sufficiently demonstrating that the accused person's mental condition at the time of the crime as well as their mental state before and after the offense. 

If you or a loved one has been charged with a crime in Georgia, contact an Atlanta Criminal Defense Attorney.

About the Author

Richard Lawson

Richard Lawson has devoted his entire career to DUI Defense. He exclusively handles DUI Cases. As a former DUI Prosecutor he knows both sides of your case. Put his experience to work for you. You only have 30 days to protect your right to drive. Call now for immediate attention. We are available 7 days a week, 24 hours a day.

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