What Is KRS 504.020?
KRS 504.020 establishes Kentucky’s insanity defense. While rarely successful, the defense can be appropriate in cases involving severe mental illness. People in Lexington and Louisville with serious mental health concerns should understand how this defense works.
The Kentucky Standard
A defendant is not criminally responsible if, at the time of the conduct, as a result of mental illness or intellectual disability, they lacked substantial capacity either to:
- Appreciate the criminality of their conduct
- Conform their conduct to the requirements of law
Important Distinctions
- Mental illness alone is not enough — there must be a connection to the criminal conduct
- Voluntary intoxication doesn’t qualify as insanity
- Personality disorders alone generally don’t qualify
The Process
- Notice of intent to use the defense must be filed in advance
- Mental health evaluations are conducted
- Expert testimony is presented at trial
- The jury (or judge) decides whether the defense applies
If the Defense Succeeds
A successful insanity defense results in not guilty by reason of insanity (NGRI) — but typically leads to commitment to a mental health facility, often for longer than a criminal sentence would have been.
Guilty But Mentally Ill
Kentucky also allows a verdict of “Guilty but Mentally Ill” — a middle ground that results in conviction but with mental health treatment.
Clark + Harris Handles Mental Health Cases
Call 859-474-0001 — 24/7.
Frequently Asked Questions
How soon should I contact Clark + Harris after being charged in Kentucky?
As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.
Does Clark + Harris represent clients throughout Kentucky?
Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.
What happens during a free consultation with Clark + Harris?
We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.
Related Resources
If this information applied to your situation, the following Clark + Harris guides may also be helpful:
- KRS 532.110: Concurrent vs. Consecutive Sentencing in Kentucky
- KRS 511.040: Burglary in the Third Degree
- KRS 189A.240: Sobriety Checkpoints in Kentucky
- KRS 525.137: Animal Torture in Kentucky
- KRS 513.020: Arson in the First Degree