Our client was confronted by two armed men at his home where he resides with his wife and children. They verbally threatened him and then physically attacked him causing serious injury. He resisted their attack protecting his home with a knife that was at hand. The police responded to a call by neighbors of a home invasion assault, but when one of the attackers was seriously wounded they charged our client with Assault, a serious felony. When the attacker almost died, the prosecuter charged our client with attempted murder.
Attorney Jack Kotchick, of our firm, requested a charge of justification under the Penal Law which provides that " A person may,....use physical force...in self defense or defense of another person or in defense of property...". The judge charged this to the jury and they found our client not guilty on all charges in less than two hours. Without the law, the jury and the hard work of our office, this client would have faced up to 25 years in prison for a serious crime that he should never have been charged in the first place. This is case is an example of " Why we do what we do".