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Understanding What It Means to Plea Temporary Insanity

Robert Stahle • March 4, 2019

A person can find themselves facing criminal charges for many reasons, but it isn’t always because they had malicious intent. It sometimes happens that crimes are committed without premeditation and occur as a response to a situation that compromised an individual’s ability to use sound judgment. In these cases, it may be possible to establish a defense of temporary insanity. Here’s what that means.


What Is Temporary Insanity?

Temporary insanity is a defense that can be used when the defendant believes they shouldn’t be held criminally liable for their actions due to a temporary impairment in their ability to make sound judgment. A temporary insanity defense may be suggested by a criminal lawyer when it can be established that the circumstances leading up to the criminal act had an immediate impact on the defendant’s state of mind.

To successfully establish a defense of temporary insanity, it must be shown that the defendant was suffering from a mental defect at the time the criminal act occurred and that this defect affected the defendant’s ability to differentiate between right and wrong.


Legal Standards for Temporary Insanity

Each state has the responsibility of determining how it defines and upholds a defense of temporary insanity. There are four basic standards that states follow – The M’Naghten Rule, The Irresistible Impulse Test, The Model Penal Code Test, and The Durham Rule.

Both Iowa and Nebraska follow the M’Naghten standard. The M’Naghten standard defines the insanity plea in criminal cases as the defendant being unable to distinguish between right and wrong actions, or that their judgment was impaired due to a disease of the mind.


What Happens After a Plea of Temporary Insanity?

While you might hear the phrase “temporary insanity” used quite frequently in crime drama’s the reality of its use as a defense is quite different. An experienced defense attorney isn’t going to attempt to establish temporary insanity in cases where the defining elements fail to exist. From a legal standpoint, this means that pleas of temporary insanity are relatively rare and even when they are employed, the success rate is low.

However, in true cases where a true mental impairment existed, a plea of temporary insanity provides the opportunity for someone who otherwise would not have committed a crime to receive rehabilitative treatment rather than more severe penalties of incarceration. In the event that a plea of temporary insanity has been accepted, the court will rule that the defendant be placed in a mental institution for evaluation and treatment.

On the surface, it might seem that this is a better option that incarceration. However, a judge does not determine the length of treatment. Instead, how long a person remains in the mental facility is determined by progress and periodic reviews. In some cases, the amount of time that a person spends in the treatment facility is longer than the sentence they would have received.


Contact an Experienced Attorney

The temporary insanity defense is not designed to be used as a get out of jail free card. However, there are certain situation in which it applies and can provide the best outcome for everyone involved. If you’ve been involved in a crime and want to explore a temporary insanity defense, we’re here to help. Contact Fitch & Stahle Law Office and speak to a criminal defense attorney today.

By Robert Stahle June 11, 2025
When you’re injured by a drunk driver, the physical trauma is often only the beginning. Medical appointments, hospital stays, and prescription medications can last for weeks, months, or even years. You may be unable to work. You may lose your vehicle. And the emotional toll—fear, anxiety, depression—can weigh heavily on you and your family. Unfortunately, many accident victims never receive the compensation they truly need to recover. Insurance companies are skilled at downplaying injuries, undervaluing claims, and pushing quick settlements. These early offers often only cover short-term costs—and leave victims with nothing for long-term consequences. That’s why it’s crucial to work with a personal injury attorney who understands how to fight for your full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients throughout Iowa and Nebraska recover the financial support they deserve after being hit by drunk drivers. Here’s how having legal representation can make a difference: 1. Understanding the Full Value of Your Claim A serious injury isn’t just about your ER bill. A strong legal claim must account for: Follow-up medical care, physical therapy, and surgeries Future medical treatment or long-term care Mental health services for trauma, PTSD, or anxiety Lost wages and reduced ability to earn income Property damage and vehicle replacement Pain, suffering, and loss of enjoyment of life Without legal help, you may never even know you’re entitled to compensation for these elements—let alone how to calculate their true cost. Our attorneys work closely with doctors, financial experts, and accident specialists to build a comprehensive case that reflects the full scope of your losses. 2. Pursuing Punitive Damages In Iowa and Nebraska, courts may award punitive damages in drunk driving cases. Unlike compensatory damages (which are designed to cover your losses), punitive damages are intended to punish the offender for particularly reckless or egregious behavior and deter others from doing the same. These damages can significantly increase the value of your claim—but you need an experienced attorney to prove that the driver’s actions warrant them. We know how to present evidence of impairment, prior offenses, and other aggravating factors that strengthen your case. 3. Exploring Additional Sources of Compensation Sometimes, the drunk driver’s insurance policy won’t cover the full cost of your damages. In those cases, we explore: Your own underinsured/uninsured motorist coverage Dram shop liability (if a bar, restaurant, or event overserved the driver) Third-party liability (in rare cases, the driver’s employer or vehicle owner may also share responsibility)  Our team works to leave no stone unturned when identifying all potential sources of recovery. 4. Standing Up to the Insurance Companies Insurance adjusters are trained negotiators. Their job is to pay out as little as possible. Without a lawyer, they may take advantage of your lack of legal knowledge or pressure you into a fast settlement. With Fitch & Stahle in your corner, you don’t have to deal with their tactics. We handle all communication, submit all documentation, and push aggressively for the settlement you deserve. And if the insurance company won’t cooperate? We’re ready to take your case to court. If you or someone you love has been injured by a drunk driver in Iowa or Nebraska, don’t let the insurance company decide what your recovery is worth. Contact Fitch & Stahle Law Firm today for a free case evaluation. Let us help you move forward—with the compensation and justice you deserve.
By Robert Stahle June 6, 2025
Drunk driving accidents are among the most devastating types of crashes—and the most preventable. Every time someone chooses to drive under the influence of alcohol, they not only break the law, but they also endanger innocent lives. When you’re the victim of one of these reckless acts, the physical, emotional, and financial consequences can be overwhelming. Many accident victims assume that if the other driver was arrested for DUI, the case will resolve itself quickly and fairly. After all, if the police have proof that the driver was drunk, what else is there to fight about? The reality is far more complex. Even when intoxication is clear, recovering compensation is rarely straightforward. Insurance companies are primarily concerned with protecting their bottom line. They may admit the drunk driver was at fault but still dispute the amount of damages you’re owed. They may claim your injuries aren’t as severe as you say or argue that you had pre-existing conditions. In some cases, they may even try to shift partial blame to you. That’s why hiring an experienced drunk driving accident attorney is so critical. At Fitch & Stahle Law Firm , we represent clients throughout Iowa and Nebraska who have been harmed by drunk drivers. Our attorneys know how to build strong legal cases backed by evidence, expert testimony, and strategic negotiation. We don’t just take the word of the insurance company—we conduct our own investigations, obtain police and toxicology reports, interview witnesses, and, when necessary, work with accident reconstruction professionals to determine exactly what happened and who’s responsible. Beyond proving liability, our goal is to make sure every client receives the full amount of compensation they’re entitled to under the law. That includes not only current medical expenses and lost wages but also: Future medical care (surgeries, rehab, medications) Lost future earning capacity Pain and suffering Mental and emotional trauma Property damage Punitive damages when applicable In particularly egregious cases, we may also pursue compensation from third parties under Iowa or Nebraska’s dram shop liability laws . If a bar, restaurant, or even a private event served alcohol to someone who was visibly intoxicated or underage, that establishment could be held partially liable for the damages. Dealing with injuries, doctors, bills, and the trauma of the crash is hard enough. You shouldn’t also have to navigate legal paperwork, deadlines, and difficult insurance adjusters on your own. We provide personal, compassionate, and aggressive legal representation—so you can focus on healing while we focus on justice. Remember: The other driver’s arrest or conviction does not guarantee you fair compensation. Civil and criminal cases are separate, and only a personal injury claim will secure the financial support you need to recover and rebuild your life. If you or a loved one has been hit by a drunk driver in Sioux City or the surrounding areas of Iowa and Nebraska, don’t wait. Call Fitch & Stahle Law Firm today for a free consultation. We’ll help you hold the drunk driver—and their insurance company—fully accountable.
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