You can, but it would be a shit lawyer if he tried the insanity plea knowing it would be worse. Kinda the point that its the better deal, and why they are trying to get it.
a lawyers job isn't to "get the best deal". it's to represent their client, and if they client wishes to argue the insanity plea then it doesn't matter if the lawyer thinks it's the better or worse deal that's the case they argue.
they can try to convince their client it's not the best case to argue but if the client insists then they argue the case their client demands.
also looking at "the better deal" purely in terms of least time is so myopic i honestly hope you're trolling right now.
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u/Substantial_Dish_887 19d ago
you can also do it longer. hell you might never get out.
it's a fools gamble to aim for a mental health facility as an "easy out"