On Tuesday, the judge granted the Colorado theater shooting suspect James Holmes' plea of not gulity by reason of insanity. The next step for the defendant is a long assessment of his mental state.

The James Holmes insanity plea was postponed by the defense team in order for them to use the argument that the state laws were unconstitutional. When it was rejected by judge Carlos Samour Jr., Holmes' mentally illness came back to the forefront.

According to the law, Holmes must cooperate with the doctors conducting the necessary mental evaluation. If he fails to cooperate, Holmes could lose his right to depend on expert witnesses' testimony about his sanity.

The mental analysis could take months, but it may be the only option that Holmes has to get around a death sentence, due to a strong case from the prosecution team.

If the jurors find Holmes not gulty by reason of insanity, he will face a lifetime in a mental hospital with a slim-to-zero chance of being released, even if doctors find his sanity restored.

If convicted, a penalty phase will be set in order for both sides to prove why Holmes should or shouldn't be executed.

Then it is up to the jury to decide whether the defendant, who killed 12 people and injured 70, will be subjected to death or a life behind bars without possiblity of parole.