05/23/2026
The Insanity Defense vs. Competency to Stand Trial: A Primer
This seems to be in the news a lot right now, so here is a quick guide to the difference between insanity and competency under Texas law.
Very simply put, a defendant is “incompetent” when he is not capable of understanding the legal system or assisting in his own defense *right now*. He is legally “insane” when, due to a severe mental disease or defect, he was incapable of understanding what he was doing was wrong *at the time of the offense.*
Insanity is a strict standard; competency less so. Both require a mental health professional to evaluate the defendant and give an opinion about their mental status. Both the State and Defense have a right to object to the findings and request re-evaluations or even jury trials on the issue of competency.
I have had clients found incompetent for the expected reasons, like untreated schizophrenia, but also for unusual ones. One client was found incompetent because their anxiety was so severe they could not discuss their case or listen to my advice without having panic attacks. Another was found incompetent because they were developing memory issues and could not retain or remember my advice.
Most defendants regain competency, but some never do. If they do not, the State can seek to civially commit them in some cases, but others must dismiss the case depending on how long they’ve been held in custody. The court has the option to order them into outpatient competency restoration if it would be safe to do so, or may require them to go through restoration in custody.
Many defendants are incompetent without being insane. As a practical matter, insanity litigation usually cannot proceed until the defendant has been restored to competency. Once a defendant is restored to competency and experts conclude they meet the insanity standard, the real work begins.
Over the years I have litigated dozens of competency hearings and secured several verdicts of Not Guilty by Reason of Insanity, including for serious cases such as aggravated assault. Typically, my first step in securing this verdict is convincing the prosecutor it is the right thing to do. Often I begin the process by disclosing medical records to and discussing the defendant’s mental state with the State’s attorneys during the competency process. If the State accepts my expert’s finding of insanity, then we will have a quick bench trial where the defense stipulates the State can prove its case and the State stipulates the defense can prove insanity. Otherwise, the State can get its own expert and we will litigate the issue at trial. Once the defendant is found NGRI, depending on the type of case the judge can order the defendant into custody to be held and evaluated in a mental hospital.
Handling mental health cases is, in my eyes, a public service. If you know anyone who needs to discuss a mental health case in Frisco, Plano, McKinney, Denton, Dallas, or anywhere in North Texas, have them reach out to me at www.afullerlaw.com or 972-905-0572.
If you face criminal charges in McKinney, the lawyer you hire is crucial. The Law Office Of H. Alex Fuller, PLLC. Free consultations. 972-422-9171.
