Articles Posted in Assault/Murder

fata-300x203Time and time again, clients have hired us due to false accusations of rape or assault by people they know: an angry ex, a soon to be former wife, a college date feeling remorseful after a night of sex – or just some stalker hoping to extort our client out of some money with the threat of going to the police with a tall tale.  Traditionally, we have investigated the cases immediately and gotten the cases tossed out, cases as serious as Assault in the First Degree (New York Penal Law § 120.10) and Rape in the First Degree (New York Penal Law § 130.35), both punishable by up to decades in prison.  But lately we have done more than simply get the cases tossed out: we have gone after the accusers both civilly and criminally.  In some instances, additionally, we have gotten the accusers arrested before they could even make good on their threat to bring a false accusation to law enforcement if an extortion payment was not made by our client.  Such serious, but false, accusations are deeply hurtful, damaging – and potentially life-altering.  They require more than fighting off the prosecutor’s criminal charge since the accuser, despite making a false accusation, will otherwise suffer no harm once the case is dismissed.  By getting the complainant arrested or sued for damages, you can be sure that your accuser will never be heard from again – which is exactly what you want and need.  Continue reading

I am writing again on the topic of domestic violence cases because we have recently seen in our office and in the news a rash of very weak charges brought by the Manhattan District Attorney’s Office – based upon complaints clearly designed to manipulate or punish the accused. Arrests were made by law enforcement without even the most cursory attempt to learn the truth behind the allegations.  After just a few weeks following the arrest – to allow for a defense investigation and/or presentation to prosecutors – most of the charges were either dismissed or severely lowered.  Had the investigations occurred before the arrest and not afterward, the defendants would have been spared significant time, expense, damage to career and personal humiliation.  Moral to the story: when charged in a New York domestic violence case, hire the best New York domestic violence attorney you can so that he can immediately expose false allegations and allow you to get your life back as quickly as possible.  Without a strong and experienced attorney with a history of success, prosecutors are more likely to simply allow the case to fester which will only cause continued damage to the defendant’s life and career.  Continue reading

If you have been arrested for a domestic violence crime in New York, do not panic.  Despite often carrying very serious penalties with sometimes painful personal and professional ramifications, these charges can be often be defeated through intensive investigation well before the trial stage, due to certain factors specific to these types of cases.  To start, domestic violence itself is not a criminal charge: the crimes usually associated with domestic violence incidents often include Assault, Harassment and Stalking.  The various assault charges contained in the New York Penal Law (NYPL §§ 120.00, 120.05 and 120.10) can rise as high as a B felony and as low as a misdemeanor – the range comes with potential jail time from up to 25 years down to probation.  In this post, I’ll give you some thoughts and ideas on what to do if charged with a domestic violence-related charge in New York.  Continue reading

When the cellphone video was released in 2015 of former North Charleston, S.C. police officer Michael Slager shooting an apparently unarmed man named Walter Scott, while Scott ran away from the officer after a routine traffic stop, the country reacted in horror.  That Slager is white and Scott an African American only exacerbated the current simmering topic of race relations in this country as well as the national debate of how police officers use deadly force – which oftentimes ends with a dead black man.  Slager was charged with murder in South Carolina and also indicted federally on civil rights charges and obstruction of justice for lying to a grand jury when he testified that Scott approached him with a Taser.  Now, over a year later inside a South Carolina courtroom, the jury appears deadlocked with one holdout who refuses to convict the jury – and the nation wonders how could this happen?  Continue reading

While hazing was once solely an issue confined to disciplinary or honor boards of colleges or universities, today prosecutors in New York are regularly enforcing anti-hazing laws in criminal courts – with devastating, long-term effects on college students.  News headlines today are filled with hazing offenses sometimes even leading to the death of students.  If you or a loved one are being investigated for hazing at NYU, Columbia, Fordham, Cornell or any other college or university in New York, you will need to hire a top New York school discipline attorney who also specializes in criminal defense work in order to avoid being expelled or even convicted and jailed for a crime.  Continue reading

RhoRobert Rho, a Queens gynecologist, has retained Jeffrey Lichtman to defend him against a single charge of Manslaughter in the Second Degree brought against him by the Queens County District Attorney three months after a patient died following a second trimester abortion procedure.  Charged with a violation of New York Penal Law § 125.15 – and facing 0-15 years in prison – it is alleged that Dr. Rho recklessly caused the death of his patient after complications arose following the completion of the abortion and a corrective procedure thereafter.  Despite performing over 40,000 abortions in his 23 year career – which includes more than 900 higher risk abortions per year – this is the first and only time a patient has died while under Dr. Rho’s care.  Despite performing so many abortions and high risk procedures over the years without any significant complications, and despite having a spotless medical disciplinary record, Dr. Rho becomes the first New York abortion doctor in decades to face criminal charges due to the unforseen complications which caused the death of his patient in July.  Continue reading

BlogCourtIf you have just been charged with murder or a serious violent crime in New York, chances are the last thing you are initially thinking about is how to win the case. Instead, you’ve been brought to jail, about to face a judge who may or may not grant you bail and you’re facing possibly the rest of your life in prison.  Things are looking grim and hopeless; however, at this very early stage the case can often be won or lost, even if the trial is ultimately a year or further down the road.  From a lawyer who has won many cases in which violent crimes have been charged, here’s a checklist of what you need to do if you are charged with murder or a serious violent crime and you want to win your case.   Continue reading

The other day a potential client came to see me about his federal criminal case in New York.  During our discussion, he wondered if there was any real benefit of hiring an attorney who was heavily experienced in the federal system or would any smart and hard-working lawyer do?  He had found an attorney online who seemed to be very smart but had just left the District Attorney’s office three years ago to become a defense attorney.  In this entry, I will answer this question by providing an example of how hiring a top New York federal criminal attorney can change your case – and your life.

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Firefighters examine the scene of a collapsed wall at a building site on Hylan Boulevard and Bay Steet where, Robert McGee, a construction foreman, was killed. (Irving Silverstein — Staten Island Advance)

A criminal defendant charged with Homicide is in a bad enough situation to begin with – but charged in a high profile case with public pressure for jail time only exacerbates a tough case.  Such was the case with a client of ours, a builder, who was tasked with the construction of a commercial project in Staten Island.  According to the allegations, a wind-blown, 60 foot high cinderblock wall toppled over in 2009 killing the construction foreman: prosecutors claimed the wall was built too high and without the proper reinforcement or inspections.  In addition, on the day of the accident, the New York City Buildings Department had issued a dangerous wind advisory.  Bad luck, shoddy construction work, whatever the case was – an innocent man was killed in a gruesome manner.  After a two year investigation, our client and his subcontractor were criminally charged with Homicide in Staten Island.  Continue reading

Khari Noerdlinger, left, appears before Superior Court Judge Frances A. McGrogan with his attorney Jeffrey Lichtman, right, on May 16, 2016 in Hackensack.

Khari Noerdlinger, left, appears before Superior Court Judge Frances A. McGrogan with his attorney Jeffrey Lichtman, right, on May 16, 2016 in Hackensack.  (Jennifer Brown — Bergen Record)

Khari Noerdlinger appeared before Judge Frances McGrogan yesterday in Bergen County Superior Court for his arraignment on Aggravated Manslaughter and related charges resulting from the death of an individual who, along with four other people, drove down to Edgewater, New Jersey from Rockland County, New York, armed with a baseball bat and other deadly weapons, with the sole purpose of assaulting and robbing Khari.  It was during this attack by these individuals that Khari, knocked to the ground and being kicked, punched and beaten with the deadly weapons, used a knife and in a desperate attempt to save his own life stabbed the individual on top of him in the thigh.  According to the Bergen County Prosecutor’s Office, the individual’s femoral artery was cut which ultimately caused his death. Khari is represented by top New York criminal defense attorney Jeffrey Lichtman and a trial is expected in this case – a trial in which Khari’s use of self-defense to save his own life from an attack by multiple, armed, violent gang members will take center stage.   Continue reading