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Articles Posted in Self Defense

As New York Self Defense lawyers, and as the providers of the only pre-paid legal plan for gun owners available in New York, we actively monitored the Kyle Rittenhouse case with both shock and amazement.  Shock at the fact that the case was brought but also amazement at the lengths the prosecutor would go to get a conviction.  To be clear, the jury verdict was correct and Kyle Rittenhouse appeared justified to use deadly physical force to protect his own life.  At the very least, it is clear, that there was a reasonable doubt about whether he reasonably believed that deadly physical force was necessary to protect his own life, thus justifying the jury verdict.

The prosecutions’ own witnesses largely helped the defense.  The testimony of the only surviving “victim” Gage Grosskreutz was critical for the prosecution but turned out to help the defense case when he admitted that Kyle Rittenhouse didn’t shoot him until he pointed a weapon at Rittenhouse and advanced toward him pointing a gun.  The testimony of another prosecution witness, Richard McGinniss, also severely damaged the prosecution’s case when he testified that Joseph Rosenbaum, who was shot and killed by Rittenhouse seemed very angry as he lunged for Rittenhouse’s gun.  Presumably, the prosecutor knew what these witnesses were going to say.  Presumably, the prosecutor had interviewed these witnesses and prepared them for their testimony and cross-examination.  Yet the case was brought anyway.

Additionally, the prosecutor’s cross-examination of Kyle Rittenhouse himself, shows a certain level of desperation.  The prosecutor asked Mr. Rittenhouse about his post-arrest silence, a clear no-no which provoked a severe rebuke from the judge.  That line of questioning was really bewildering considering that even a first year law student who has taken basic Constitutional Law would know not to ask a defendant about his post arrest silence.  Then the prosecutor, in violation of the trial judges pre-trial rulings went into an area of questioning that he was specifically ordered by the judge not to ask.  However, one of the most surprising and truly desperate questions came when the prosecutor asked Rittenhouse if his user name on TikTok was “4doorsmorewhores” in an attempt to make him look dirty.

Tilem & Associates, New York’s premier law firm for gun owners is pleased to announce the creation of a new pre-paid legal program, NY Tac Defense,  for New York gun owners which includes legal representation for self-defense Pre-Paid Legal services for gun ownerscases and red flag (ERPO) cases for enrolled clients.  Clients enrolled in the NY TAC DEFENSE can pay either a low monthly rate of $38.50 per month or can enroll in a discounted annual plan which is $385 for the year and is the equivalent of getting two months free.

Peter H. Tilem, the owner of Tilem & Associates, PC, spent 10 years in the New York County District Attorney’s Office where he was assigned to work on a variety of cases which included gun cases and homicides.  Since entering private practice Mr. Tilem has represented a large number of gun owners and has been involved in many justification or self-defense cases.

As of May 2018, several insurance programs, including NRA Carry Guard and a USCCA (United States Concealed Carry Association) program were being offered in New York but were subsequently alleged to be violating New York insurance regulations.  Both programs and others have since pulled out of the New York market.  The NY TAC Defense Program is a pre-paid legal product that allows clients to retain the firms services and pre-pay the legal services so that if they need to hire a lawyer for a self-defense shooting the client will not need to come up with a large lump sum retainer of $50,000 or more to retain a law firm.  It is not insurance and therefore does not indemnify against any losses.  It is simply an opportunity to retain a lawyer in advance.

New York Self-Defense laws give a person broad authority to use physical force and even deadly physical force to defend themselves and to defend others from attack.  Article 35 of the New York Penal Law creates a defense to even the most serious criminal charges such as murder, attempted murder, assault and attempted assault.  The question is what do you do in the aftermath of a self defense shooting?  Who do you call?  What do you do?  What do you say?  Do I need an attorney?  How do I find the right attorney?  Will I be arrested?  Will I be charged with a crime?  Could I be charged with murder? Assault?  Attempted Murder? Reckless Endangerment?

The immediate aftermath of a New York self-defense incident are critical.  Some of the considerations are tactical and not legal such as what do I do with my weapon before the police arrive?  There are some excellent articles that you should read by the USSCA and the NRA about those issues.  It is important that your weapon be safeguarded and not hidden so that when the police arrive you do not appear to be a threat.  Remember, you are shaken up, in shock and not reasoning or thinking clearly.  If possible, someone else should call 911, which will be the first statement about the incident to law enforcement and will be recorded.  That recording may very well end up being played in Court either during proceedings brought against you or your attacker.  Make sure that medical help is requested either for you or your attacker or both.  If anyone asks are you ok the true answer to that question is that you don’t know.  Adrenalin will be pumping you may be physically injured or in shock.

It is important that you not touch or tamper with the crime scene and probably is better in most circumstances to stand away and not attempt to render aid to your attacker.  When the police arrive it is important that you not present as a threat.  Make sure that you are not displaying a weapon, even if its holstered.  As criminal defense attorneys we always recommend not speaking to the police but in the unique situation of a self defense shooting we recommend a small modification of that general rule.  Have a short, one or two sentence, statement ready for the police just to start their investigation on the right track and then invoke your right to counsel.

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