West Palm Beach Mental Health Defense Lawyer

How to Plead Mental Insanity in West Palm Beach

One kind of defense against a criminal charge is the mental health defense.

If you have been accused of a crime and would like more information on the standards for pleading mental insanity, you need an experienced and aggressive West Palm Beach Mental Health Defense Lawyer to examine and build your case.

The Law Offices of Nellie L. King, P.A. in West Palm Beach, Florida can help.

Attorney King will take a personalized approach to your case and frame applicable state-specific criteria for mental health defense around your circumstances.

As she gets to know each of her clients one-on-one, she will build a defense strategy that is both tenacious and compassionate. Attorney King is a client-centered advocate who ensures each client’s story is deservedly heard.

West Palm Beach Mental Health Defense in Action: The Amy Kern Case

In the shadow of suffering a devastating mental health crisis in 2009 in Palm Beach County, Florida, Amy Kern, a young woman battling untreated schizophrenia and bipolar disorder, faced insurmountable charges after a violent episode that claimed two lives.  Released from a Georgia mental hospital when her insurance expired, Kern’s untreated hallucinations spiraled into tragedy, leading to two capital murder charges that could have meant life behind bars. The high profile case gripped the community.

Overview: Amy Kern and Nellie King’s Role

Enter Nellie King, a compassionate and strategic West Palm Beach defense attorney nationally renowned for championing mental health cases.  King swiftly pivoted to an insanity defense, meticulously assembling evidence of Kern’s psychotic state under Florida’s M’Naghten Rule. She enlisted forensic psychiatrists and psychologists to underscore how Kern’s delusions rendered her unable to grasp right from wrong. As a result of King’s defense work, the Court adjudicated Kern Not Guilty by Reason of Insanity and committed her to a mental health facility instead of prison, where Kern would receive treatment and not punishment.

Building the Defense: Evidence and Advocacy

King’s results were transformative. Beyond the courtroom, King humanized her client as a “sweet, loving person” with untapped potential, derailed by systemic mental health failures, including repeated institutional releases without support.  King’s advocacy extended to delving into Kern’s 10-year mental health history, emphasizing rehabilitation over punishment, and persistently filing motions to ease restrictions as Kern showed progress in treatment after her criminal case concluded.

Outcome: Rehabilitation and Reintegration

By 2016, through King’s post-disposition efforts, Kern was transferred to a less restrictive residential center in Miami, where Kern remained compliant and remorseful, paving the way for her gradual reintegration into society.  In 2022, despite opposition, King won approval for Kern to have weekly supervised visits with her family, including her father and daughter, and Kern was allowed to travel for overnight holiday visits.  By 2025, King secured court-approved relocation, providing Kern the opportunity to live and work independently while continuing to receive community psychiatric care. Kern has made great progress toward resuming her life after years of work to understand her mental health needs and working through the circumstances of the tragedy.  Nellie King’s mastery in the Kern case illuminates the triumph of empathetic, evidence-driven defense—turning a narrative of loss into one of healing and hope.

Hear From Amy Kern

“After being failed by the mental health system, Nellie was there immediately with one phone call minutes after my incident. She showed up to my first appearance and has advocated for me for almost 17 years now.

Under extremely unfortunate circumstances, and with little hope of freedom, she fought for justice and for me to have a second chance in life.

Nellie was able to use her knowledge and connections to resources to help me with my journey of freedom into the community. Her persistence, professionalism, and compassionate heart led me to the right path.

I am currently connected to counselors, doctors, and groups.  As a result, I was able to gain clarity and insight into my mental illness, while also working through the deep remorse I felt for the devastation caused.

I am now able to have special relationships with my daughter, friends, and loved ones, and I transitioned back to a productive and meaningful life.

I am currently looking forward to going to school for a career in counseling to help others suffering from mental illness and postpartum depression. I couldn’t be more grateful for Nellie! I truly want to give back all she has done for me.”

— Amy Kern

Sources & Media Coverage

For more on the Amy Kern case and Attorney Nellie King’s defense strategy, see the following verified media sources:

• South Florida True Crime: Amy Kern Insanity Case – Palm Beach Post (July 11, 2025)
• Timeline of Events in Saturday’s Double Homicide – TCPalm (Feb 2009)
• Amy Kern Confesses to Gruesome Murders – WFLX (Feb 10, 2009)
• Outrage After Amy Kern Pleads Not Guilty – WFLX (Apr 3, 2012)
• Woman Found Not Guilty by Reason of Insanity in Killings – WPBF (Apr 3, 2012)
• Amy Kern, Killer of 2, Granted Weekly Visits with Father, Daughter – Palm Beach Post (June 25, 2022)
• Best True Crime: Palm Beach Post Explores Horrific Florida Cases – Palm Beach Post (May 30, 2025)
• Photos: Amy Kern – Palm Beach Post (July 11, 2025)

Pleading Insanity

According to Florida law, all people are initially presumed to be sane. This means the law assumes a defendant is sane until that defendant can prove otherwise. So, the defendant bears the burden of proving their insanity, which they must prove by “clear and convincing evidence,” a rather high standard to meet.

To prove this, you must first show that the insanity existed at the time the alleged crime occurred. Note that insanity need only exist at the time of the crime, so it is technically possible for a defendant to claim “temporary insanity,” which holds that they were only insane for the short duration in which they committed the crime.

In such a case, it is quite possible for the defendant to be found competent and sane during the trial (perhaps due to treatment) but still be able to argue an insanity defense based on their mental capacity at the time of the alleged crime.

In addition, the defendant must also show that, due to the insanity, they either were unable to distinguish between right and wrong or otherwise didn’t understand what they did because of a “disease of the mind.” This is referred to as the M’Naghten Rule, which governs Florida’s statute for the insanity defense.

The M’Naghten Rule

The M’Naghten Rule is when the defendant either:

• Was not able to understand the consequences of their actions
• Understood the consequences of their actions but were not able to tell that what they were doing was wrong

This test focuses on whether a defendant knew the nature of the crime or understood right from wrong at the time it was committed. Thus, in order to be declared legally insane under this test, a defendant must satisfy one of these two criteria. Be aware that in applying this test, courts may differ as to whether the “wrong” in question refers to moral wrong or legal wrong (or even both).

The Value of Pleading Mental Insanity in a Criminal Case

When it comes to criminal cases, the mental health defense can be used in various ways. In some cases, it can be used to show that the defendant was not in the right frame of mind at the time of the crime and therefore cannot be held responsible for their actions.

In other cases, it can be used to show that the defendant is not competent to stand trial. The mental health defense can be a powerful tool in a criminal case, but it is important to understand how it works and when it is applied.

What Is the Mental Health Defense?

The mental health defense is a legal defense that can be used in criminal cases. It is based on the idea that the defendant’s mental state at the time of the crime was such that they should not be held responsible for their actions.

There are numerous mental health disorders that can serve as the foundation for a mental health defense. Some of the more common ones in West Palm Beach include:

• Schizophrenia
• Bipolar disorder
• Depression
• Anxiety disorders
• Post-traumatic stress disorder (PTSD)

It should be noted that the mental health defense is different from an insanity plea. An insanity plea is based on the idea that the defendant was so mentally ill at the time of the crime that they did not know right from wrong. The mental health defense is not based on this premise.

When Can the Mental Health Defense Be Used?

The mental health defense can be used in two different ways in a criminal case. The first way is to use it as a basis for showing that the defendant was not in the right frame of mind at the time of the crime and therefore cannot be held responsible for their actions.

This is known as an “affirmative defense.” To use the mental health defense in this way, the defendant must present evidence that they suffered from a mental health disorder at the time of the crime.

This evidence can come in the form of testimony from witnesses, medical records, and expert testimony. If the defense is successful in showing that the defendant was not in the right frame of mind at the time of the crime, the jury may find the defendant not guilty by reason of insanity.

The second way the mental health defense can be used is to show that the defendant is not competent to stand trial. This is known as a “defense to competency.” To use the mental health defense in this way, the defendant must show that they are suffering from a mental health disorder that prevents them from understanding the nature of the charges against them or participating in their own defense.

If the defense is successful in showing that the defendant is not competent to stand trial, the court may order a mental health evaluation. The case may be dismissed if the evaluation determines that the defendant’s mental state renders them unable to stand trial.

What Are the Risks of Using the Mental Health Defense?

There are a few risks that come with using the mental health defense in a criminal case.

• The first risk is that the jury may not believe the defense and find the defendant guilty. If this happens, the defendant will be sentenced according to the crime they were convicted of.
• The second risk is that the jury may believe the defense but find the defendant not guilty by reason of insanity. If this happens, the defendant will be sent to a mental health facility for treatment. The length of time the defendant will stay in the facility will depend on their state and the severity of their mental health disorder.
• The third risk is that the jury may believe the defense but find the defendant not competent to stand trial. If this happens, the case will be dismissed and the defendant will not be punished, but they may be sent to a mental health facility for treatment.

It is important to note that even if the jury does not believe the mental health defense, the defendant may still be found not guilty if they can prove that they are not guilty on another basis. For example, if the defendant can prove they were not the one who committed the crime, they will still be found not guilty.

What Are the Benefits of Using the Mental Health Defense?

One of the main goals of the criminal justice system is to protect society from dangerous people. If a defendant is found not guilty by reason of mental illness, the focus on rehabilitation will shift from punishment to treatment. This will help ensure that the defendant receives the treatment they need so that they can eventually reenter society.

This can be a more humane way of dealing with people who have mental health disorders, rather than a forced prison sentence with no hope for rehabilitation. Imprisoning people with untreated and unsolved mental health disorders leads to future problems when they exit the prison system. They will eventually commit more crimes because their underlying issues were not addressed.

Mental health defense can also help to de-stigmatize mental illness. Often, people with mental illness are seen as criminals when they have not done anything wrong. By using the mental health defense, it can help to show that people with mental illness are not criminals; they are just sick and need help. This can help to break down the barriers that people with mental illness face when it comes to getting treatment and reentering society.

In some cases, the mental health defense can also help to show that the defendant is not a danger to society. This can be helpful in cases where the defendant is facing a long prison sentence. If the jury believes that the defendant is not a danger to society, they may be more likely to give a lighter sentence or even find the defendant not guilty.

Contact an Experienced West Palm Beach Mental Health Defense Attorney

The mental health defense of insanity has a very specific criteria to satisfy, and insanity must be proven by “clear and convincing evidence,” which is a higher standard than used in civil cases. If you are facing criminal charges and want to learn more about the case for an insanity defense, you should speak with an experienced criminal defense attorney. The Law Offices of Nellie L. King, P.A. can provide an informed evaluation of your situation in light of the mental health defense.

Law Offices Of Nellie King – West Palm Beach, FL Office

319 Clematis Street
Suite 604
West Palm Beach, FL 33401

Client Testimonials

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“I’m very grateful that I had Nellie in my corner. I can’t imagine my situation being resolved more positively for me. She cares about people. I believe it’s that simple. I will always be in her debt for what she did for me!”
— Paul Olekoski

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“The Law offices of Nellie King really came through for me during a difficult situation with the law. Nellie and her associates immediately began working on the case. She came to the court house spoke on my behalf and got me out of jail. She kept pressure on the prosecutor who eventually dropped all charges. My record and reputation intact. Thank you sincerely for all the hardwork, endless phone calls made, and motions filed in defense of my case. Top notched Law office and true skillful professionals. A++”
— Nelson Castro

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West Palm Beach, FL Mental Health Defense Resources

• What Rights Do Defendants With Mental Illness Have in Criminal Court?
• Federal Laws Protecting Mentally Disabled Defendants
• National Statistics on Mental Illness & the Criminal Justice System
• Navigating Mental Health Defenses in Criminal Cases
• Mental Illness and Sentencing Mitigation
• How Mental Illness Impacts Criminal Responsibility in Court
• The Role of Expert Witnesses in Mental Health Criminal Defense
• Mental Health as a Criminal Defense