Posted on October 22, 2025 in Sex Crimes

How Insanity & Diminished Capacity Can Affect Sex Crime Cases in Arizona

Facing a sex crime charge in Arizona is one of the most serious situations anyone can experience, as the consequences could include lengthy prison terms as well as potential sex offender registration.  However, in some cases, a person’s mental health plays a major role in what happened. Arizona law recognizes that someone with a serious mental illness may not have fully understood their actions or the difference between right and wrong.

That’s where the legal concepts of insanity and diminished capacity come in. These defenses don’t apply in every case, but they can make a difference under the right circumstances. Read on to learn more, and contact an attorney for a free consultation if you need help.

The Insanity Defense in Arizona

Under A.R.S. § 13-502, Arizona allows what’s called a “guilty except insane” (GEI) verdict. This means that the person committed the act, but because of a serious mental disease or defect, they couldn’t understand what they were doing or that it was wrong at the time.

If a person is found guilty except insane:

• They aren’t sent to prison. Instead, they’re committed to the Arizona State Hospital for treatment.
• They stay there until doctors and the court agree that they are no longer a danger to themselves or others.
• In some cases, they can remain under treatment for as long as a normal prison sentence would have lasted.

The insanity defense is very hard to prove. The defendant must provide strong evidence, such as medical records or expert testimony from psychiatrists, to show that a severe mental illness caused the lack of understanding.

Diminished Capacity in Arizona

Unlike some other states, Arizona does not recognize diminished capacity as a complete defense. That means you can’t use mental illness alone to argue that you are not guilty.

However, evidence of mental illness can still be important in several ways:

• It might show that you did not have the intent required to commit the crime
• It can be used to ask for a lighter sentence based on your mental health history
• It can support a request for treatment instead of prison time

In short, while diminished capacity cannot make you legally “not guilty,” it can help explain your behavior and influence how your case is handled.

Why You Need an Arizona Criminal Defense Lawyer in These Circumstances

Defenses involving insanity or mental health are complex and require special legal skill. 

An experienced criminal defense lawyer can help by:

• Arranging psychological evaluations
• Gathering medical and treatment records
• Challenging how prosecutors interpret your intent or behavior
• Presenting expert testimony in court

If you or someone you love is facing sex crime charges in Arizona, it’s important to get legal help immediately. The earlier a lawyer gets involved, the more effectively they can protect your rights and use mental health evidence to your advantage.

Contact the Phoenix Sex Crimes Defense Lawyers at Orent Law Offices for Help Today

Being accused of a sex crime is frightening, but you still have rights. If mental illness played a part in your case, it may change how the law applies to you. If you need help, Orent Law Offices is here for you.

Contact our experienced Phoenix criminal defense attorneys today to discuss your case in confidence during a free initial consultation. You can learn more about whether an insanity or mental health-based defense could apply and what steps you can take to protect your future at that time.

For more information, contact the criminal defense attorney Craig Orent. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.