Self-Defense in Homicide and Assault Cases in NYC
Asserting the Self-Defense Justification in New York Criminal Trials
In New York City, the line between lawful self-protection and a criminal act can be dangerously thin. When a person uses force to defend themselves or another, and someone ends up seriously injured or dead, law enforcement and prosecutors may still pursue charges. At Sosinsky Law, we understand that claiming self defense justification is not just a defense strategy—it can mean the difference between prison and freedom.
With decades of experience representing clients in high-profile homicide and assault cases in both state and federal courts, we know how to assert the legal right to self-defense with precision and authority. If you or a loved one is facing criminal charges following an altercation, do not wait to get skilled legal representation. Call Sosinsky Law at (212) 285-2270 today for a confidential consultation.
What Is Self-Defense Under New York Law?
Self-defense, known legally as justification, is a statutory defense under New York Penal Law Article 35. When successfully raised, justification can completely exonerate a person from criminal liability. Specifically, the law allows a person to use physical force when they reasonably believe it is necessary to defend themselves or another person from the unlawful use of force.
In the context of homicide or serious assault charges, the stakes are especially high. If self-defense is established, the jury must acquit—even in cases involving fatal force. But the burden lies heavily on the defense to raise the issue and present compelling evidence.
When Can Deadly Force Be Justified?
Under New York Penal Law §35.15, a person may use deadly physical force if:
- They reasonably believe the other person is using or about to use deadly physical force; or
- The other person is committing or attempting to commit a kidnapping, forcible rape, robbery, or burglary.
Importantly, there are limits. Deadly force cannot be used if the defendant:
- Provoked the use of force with intent to cause physical injury or death; or
- Knew they could safely retreat, except when in their home.
These nuances make self defense justification a complex, fact-intensive inquiry. Each case must be thoroughly investigated and presented to highlight the necessity and reasonableness of the defendant’s actions.
The Burden of Proof in Self-Defense Cases
Once the defense raises a credible claim of self-defense, the burden shifts to the prosecution to disprove the justification beyond a reasonable doubt. This makes jury perception crucial. If jurors believe the defendant acted reasonably under the circumstances, they must acquit.
Our role at Sosinsky Law is to frame the client’s actions as reasonable, necessary, and legally justified. We leverage eyewitness testimony, surveillance footage, forensic evidence, and expert analysis to support the self-defense narrative.
Common Scenarios Where Self-Defense Applies
We have represented clients in a wide variety of violent crime cases where self-defense was successfully asserted. These include:
- Street confrontations that escalated into stabbings or shootings
- Domestic violence cases where our client acted to protect themselves from prolonged abuse
- Bar fights where the other party initiated aggression with a deadly weapon
- Robbery defense where a client was forced to act against an armed assailant
Each of these situations involves unique facts that must be fully developed. Often, initial police reports or witness accounts are biased, incomplete, or inaccurate. We conduct independent investigations to uncover the full truth.
How We Build a Strong Self-Defense Case
When you retain Sosinsky Law, we immediately begin gathering evidence to support your right to self-defense. This includes:
- Interviewing witnesses to reconstruct the full sequence of events
- Reviewing surveillance footage, 911 calls, and police body cams
- Consulting use-of-force and forensic experts to establish reasonableness
- Uncovering prior violent or threatening behavior by the alleged victim
- Demonstrating your client had no duty to retreat, particularly in their home
We also prepare you thoroughly for grand jury testimony or trial, ensuring you can tell your story clearly and credibly. When appropriate, we present expert psychological evaluations to demonstrate how stress, trauma, or prior abuse influenced your perception of danger.
Distinguishing Between Justification and Other Defenses
Some clients mistakenly confuse self-defense with other legal doctrines. It’s important to understand the differences:
- Justification (Self-Defense): A complete defense that results in acquittal if proven.
- Extreme Emotional Disturbance: A partial defense that reduces murder to manslaughter.
- Insanity: A mental disease defense that may result in commitment rather than acquittal.
Sosinsky Law has successfully used each of these when appropriate, but justification stands apart in that it admits the conduct but argues it was legally excused.
Challenges to Expect in Self-Defense Cases
Prosecutors often attempt to undermine a self defense justification by:
- Claiming the defendant used excessive force
- Arguing the alleged victim was unarmed
- Highlighting discrepancies in the defendant’s account
- Questioning the reasonableness of the perceived threat
Additionally, New York law requires that, in most cases, a person must retreat if safely possible before using deadly force. This is a critical point of contention in many cases.
To counter these tactics, we prepare exhaustive evidentiary presentations to explain why our client’s actions were proportionate and necessary. We also humanize our clients before the jury, showing their fear and emotional state at the time of the incident.
Federal Assault and Homicide Cases: What’s Different?
In certain high-profile or jurisdictional cases, violent crime charges may be brought in federal court, especially where the incident occurred on federal property or involved federal officers. Federal assault and homicide statutes apply different standards, and the stakes are even higher.
Sosinsky Law is one of the few New York City firms with deep experience handling both state and federal violent crime cases. We understand the nuances in federal jury instructions, evidentiary standards, and sentencing exposure. Whether in the Eastern District or Southern District of New York, we bring the same rigorous defense to federal court.
The Role of Expert Testimony in Justification Cases
In some cases, self-defense may hinge on the defendant’s psychological state, perception of danger, or past experiences. Sosinsky Law regularly works with:
- Forensic psychologists who can assess trauma history
- Use-of-force experts who can explain proportionality of response
- Medical experts who can testify about injuries and timelines
These experts are critical in painting a complete picture for the jury, especially when the opposing party claims they were the “victim.”
Real Results in Serious Assault and Homicide Cases
Our firm has represented clients accused of manslaughter, attempted murder, and felony assault, where our self-defense strategies led to:
- Complete dismissals prior to trial
- Grand jury refusals to indict
- Not guilty verdicts at trial
- Favorable plea deals acknowledging mitigating circumstances
We understand how to work both behind the scenes with prosecutors and in open court to secure results that protect your freedom.
Protect Your Rights Now – Contact Sosinsky Law
The sooner you contact an attorney after a violent encounter, the better. Evidence fades, memories change, and the narrative can be shaped by law enforcement without your input. If you’re facing assault or homicide charges in New York City, asserting the right to self defense justification requires skilled, experienced, and aggressive representation.
Call Sosinsky Law at (212) 285-2270 for a free and confidential consultation. We are available 24/7 to represent clients in Manhattan, Brooklyn, Queens, the Bronx, and throughout New York federal and state courts.
Your life, liberty, and reputation are on the line—make sure your defense is in the hands of a seasoned trial lawyer who knows how to win.