California Not Guilty by Reason of Insanity (NGRI) Evaluations (Penal Code 1026/1027)
When a defendant's mental state at the time of the offense is at issue, an evaluation under Penal Code sections 1026 and 1027 provides the court with a clear, well-reasoned opinion on legal sanity. These cases carry significant weight — for the defense, for the prosecution, and for how the matter ultimately resolves — and the evaluation needs to hold up to close scrutiny from both sides.
What This Evaluation Addresses
A Not Guilty by Reason of Insanity (NGRI) evaluation examines whether, at the time of the alleged offense, the defendant was legally sane under California's standard — specifically, whether they were incapable of knowing or understanding the nature and quality of their act, or incapable of distinguishing right from wrong. This is a retrospective inquiry, distinct from present competency, and requires careful reconstruction of the defendant's mental state at the time of the offense through records, history, and clinical assessment.
Because the sanity opinion turns on reconstructing a specific moment in time, small details in the record or history can meaningfully shift the analysis. Attention to detail is treated as essential throughout the evaluation, not an afterthought — a detail that seems minor on its face can be the difference between opinions.
Who I Work With
I accept referrals from both defense counsel and prosecutors, as well as court appointments, across California.
The Evaluation Process
Each evaluation includes a thorough review of relevant records (police reports, prior mental health history, medical records, and any prior evaluations), a clinical interview with the defendant, psychological testing where appropriate, and a malingering assessment, which is included as a standard part of nearly every evaluation. Collateral interviews are conducted when they would meaningfully inform the opinion. A structured professional judgment tool is used to provide a consistent framework and help guide the analysis, supporting the reliability of the opinion rather than relying on clinical impression alone. Given the retrospective and often complex nature of these cases, NGRI evaluations typically take 1–3 months to complete.
What You Receive
A thorough, well-organized written report that directly addresses California's legal standard for sanity
Availability for pre-report consultation to clarify the referral question or case context
Testimony if the matter proceeds to a contested sanity phase or trial
Rebuttal review of an opposing expert's evaluation, when appropriate
Why Attorneys Work With Me
I've been qualified as an expert witness in California courts and bring extensive experience evaluating individuals across the full spectrum of commitment offenses, including high-profile and serious criminal matters. Learn more about my background →
If you have a case where legal sanity is in question, I'm glad to discuss the referral before you commit to a full evaluation — feel free to reach out to talk through the specifics.
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Want to learn more about NGRI proceedings and forensic evaluation in California? Visit my blog →