Criminal Case

NOTEWORTHY CRIMINAL DEFENSE CASES

Homicide Case – Mistaken ID Defense:

Client charged with Murder: Two eyewitnesses identified our client as the shooter lineup. We effectively cross examined these witnesses and used physical evidence from the crime scene to show that one of the witnesses was lying and the other was mistaken in his identification. Client Acquitted of all charges after Jury Trial.

Homicide Case – Alibi Defense:

Client charged with Murder: case Dismissed after defense investigation showed that client had a credible alibi and had been misidentified.

Sale of Firearms Case – Entrapment Defense:

Client charged with multiple sales of Firearms and Marijuana to an undercover police officer. The sales were captured on body-cam Video. We made a motion to dismiss arguing that the undercover police officer entrapped our client into committing crimes that he would not otherwise have committed. The Judge granted our motion and Dismissed all of the firearms charges in the interests of justice.

Burglary Case – Frame Defense:

Client charged with Burglary: Client's DNA recovered from scene of Burglary and identified by homeowner as the perpetrator. We effectively cross-examined the homeowner at trial and argued that, motivated by prejudice and a mistaken belief that our client had burglarized his apartment, he planted DNA evidence to frame our client. Client Acquitted of all charges after Jury Trial.

Rape Case – False Accusation Defense:

Client, a school teacher, was charged with numerous counts of rape / sexual assault of an underage student. The student's DNA was recovered by the police from our client's bedsheets. The complainant claimed to have engaged in sexual intercourse with our client on numerous occasions at our client's home and in hotels. Hotel and credit card records appeared to support the complainant's claims. We aggressively cross-examined the complainant and successfully argued to the jury that he had manipulated his teacher by posing as a troubled/at risk youth who needed help and protection and that he then planted his own DNA to bolster his false accusation of sex with a minor with the ultimate goal of suing the teacher and the department of education for money damages. Client was Acquitted of all charges after Jury Trial.

Homicide Case – Insufficient Evidence of Intent:

Our client was charged with Murder following a fatal fight between two groups of young men in a fast food restaurant. Murder charges were Dismissed after our defense motion successfully argued legally insufficient evidence of intent to kill.

Attempted Murder & Weapons Possession – False Accusation Defense:

Client charged with Attempted Murder of his girl-friend and Weapons Possession. The complainant testified that our client fired a gun at her and that he possessed multiple guns in his apartment. The police found two guns and a quantity of ammunition at Client's apartment. After vigorous cross examination of the complainant, we argued that, motivated by jealousy and rage, she had falsely accused our client of shooting at her and that there was insufficient evidence of ownership/possession of the guns. Client was Acquitted after Jury Trial of all weapons possession and attempted murder/assault charges.

Sexual Abuse Case – False Accusation Defense:

Client charged with multiple counts of felony sodomy and sexual abuse of a minor. Acquitted after jury trial of all charges except one misdemeanor (non-sex offender) count of Endangering the Welfare of a Child.

Weapons Possession – Police Fabricated Evidence:

Client charged with Felony Criminal Possession of a Firearm in a motor vehicle. The case was Dismissed after it was shown at a pre-trial hearing that it would have been impossible for the police to have seen what they claimed. Our client then successfully sued for False Arrest and Malicious prosecution.

Weapons Possession – Police Lied about Probable Cause to Search:

Client charged with Criminal Possession of a Weapon for a gun found in client's apartment. Client's DNA was found on the gun. Case Dismissed at pre-trial hearing when it became apparent that police had lied about their legal justification for entering and searching Client's Apartment. Client successfully sued for False Arrest, Illegal Entry and Malicious Prosecution.

Weapons Possession – Illegal Search:

Client charged with Criminal Possession of a Firearm in his Apartment. Case Dismissed. Client successfully sued for False Arrest, Illegal Entry and Malicious Prosecution.

Assault on Police Officer Charge - Dismissed:

Client charged with Felony Assault on Police Officer. Case Dismissed on defense speedy trial Motion. Client then successfully sued for False Arrest, Malicious Prosecution and Excessive Force.

Assault Case – Psychiatric Defense:

Client charged with Felony Assault for stabbing a child several times. Client was permitted to enter a mental health treatment program after it was shown that she was suffering from severe psychosis at the time of the incident. All Felony charges were Dismissed.

Assault Case – Psychiatric Defense:

Client charged with Felony Assault for severely beating and injuring a stranger in a subway station. Incident caught clearly on videotape. Client was permitted to enter a mental health treatment program after we convinced the prosecutors and the judge (with the assistance of a defense hired psychiatric expert) that our client was suffering at the time of the incident from a previously undiagnosed psychiatric disorder. All felony charges were Dismissed upon completion of the program.

Assault Case - False Accusation Defense:

Client charged with Felony Assault of a relative with a weapon. We aggressively cross examined the complainant at trial and argued that he was lying to falsely convict our client with whom he had longstanding animosity. Client Acquitted of all criminal charges after Jury Trial.

Burglary Case – Mistaken ID Defense:

Client charged with Burglary of a residence. Identified in lineup. Cross examination of the complainant showed that she did not have a clear opportunity to see the perpetrator and he identification was therefore unreliable. Client Acquitted after Jury Trial.

Robbery Case – Alibi Defense:

Client Charged with Gunpoint Robbery. Case Dismissed after defense investigation showed that client had a credible alibi and was therefore misidentified.

Assault & Robbery Case – Youthful Offender:

Client charged with two separate cases, one charging felony assault for a stabbing, the other charging a gunpoint robbery. Negotiated client's entry into a youthful offender program which enabled him to avoid a criminal conviction.

Conspiracy Case:

Client charged with Conspiracy in the First Degree, a Class A Felony, for alleged Narcotics distribution. Following extensive litigation including motions to dismiss and an appeal to the Appellate Division, in which we consistently argued that the evidence against our client was insufficient to support a conspiracy prosecution, all criminal charges were eventually Dismissed.

Narcotics Possession Case – Fabricated Evidence:

Client charged with Criminal Possession of a Controlled Substance and Resisting Arrest. Case Dismissed after a defense investigation showed that police had assaulted our client and had fabricated evidence of drug possession.

Assault Charge – Self Defense

Client charged with assault and other related charges after a fight broke out at a Manhattan demonstration/march/protest. After a thorough defense investigation and presentation to the Manhattan District Attorney's office, we were able to successfully show that our client acted in self-defense, and all charges were Dismissed before trial.

Sexual Abuse Charge – False Accusation:

Client charged with Sexual Abuse and Forcible touching during a youth symposium. After a thorough defense investigation, we were able to discover, obtain, and enhance video footage directly rebutting the complainant's version of events.

After we provided the Manhattan District Attorney with this exculpatory evidence, all charges were Dismissed.

Narcotics Possession Case - Wrong Place Wrong Time,

Client, a college student, was in a vehicle where drugs were found in the rear seat of the vehicle. After a defense investigation and presentation to a municipal court prosecutor that the drugs were not our client's, all charges against our client were Dismissed.

Stalking Charge – Successful Treatment Program:

Client, a university employee, was charged with stalking and other related charges. Due to our effective advocacy, our client entered into a pre-trial program, successfully completed the program, and all charges were Dismissed.

Assault Charge – Self Defense:

Client, a hotel security guard, was arrested and charged with assault and related charges. After a thorough defense investigation, we were able to obtain and present video evidence of our client acting in self-defense after being attacked by a patron of the hotel. The Manhattan District Attorney's office Dismissed all charges before trial.

Prison Contraband Case – Dismissed by Grand Jury:

Client was charged with smuggling contraband into a prison facility. Due to effective advocacy for our client's innocence, a Manhattan Grand Jury Dismissed all charges against our client.

Sexual Abuse Charge - Defense Investigation Highlighted Government's Insufficient Proof:

Client, a bodega employee, was charged with exposing himself to a minor at a movie theater. After a thorough defense investigation that involved obtaining video evidence, and witness statements, we presented the evidence to the prosecutors. Our effective advocacy resulted in the Manhattan District Attorney's office dismissing all charges against our client.

Domestic Violence Charge

Client was charged with assaulting his wife during a domestic violence dispute. After a thorough defense investigation and presentation, a municipal court prosecutor Dismissed all charges against our client.

Defense Investigation Showed No Criminal Conduct, Fraud Charges

Client, a Board of Education employee, was arrested and charged with marriage fraud and related charges. Due to our effective advocacy on behalf of our client, federal prosecutors Declined to prosecute our client through deferred prosecution.