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SELF-DEFENSE

Homicide/Self-Defense: A family retained me on Friday after their son was arrested for shooting and killing a man. My investigator and I went to the scene over the weekend, we interviewed witnesses, and we located the crucial defense witness who had already left town. We obtained a tape-recorded statement from that witness by Sunday night. I got it to the prosecuting attorney after hours. By the first court hearing on Monday morning, the prosecutor agreed it was a case of self-defense. The court released the client. No criminal charge was ever filed.

Homicide/Self-Defense: A teenager shot and killed his father as he walked in the door after work. The father had horrifically abused the client, his mother and brother for ten years. We presented witnesses of the years of abuse. Expert witnesses testified to the effect of prolonged abuse on his development and perceptions. They explained how "battered child syndrome" gave the client a heightened perception of when the abuser would attack, and why he reasonably feared for his life when he shot the man in self-defense. The jury was unable to reach a verdict. The State later resolved the case with a plea to manslaughter and credit for time served.

Homicide/Battered Women's Syndrome: My client was tried for killing her abusive boyfriend. The trial court gave an incorrect instruction on assault. Realizing its error, the court granted a new trial. The State appealed. The Court of Appeals agreed the instruction was incorrect and affirmed the grant of a new trial. State v. Corn, 95 Wn. App. 41, 975 P.2d 520 (1999).

Homicide/Self-Defense: My client was convicted at trial of second degree murder. The Supreme Court reversed his conviction because the court failed to give instructions on a lesser included offense based on self-defense. State v. Schaffer, 135 Wn.2d 355, 957 P.2d 214 (1998).




Successes




Homicide
Rape
Child Sex Offenses
Child Abuse
Assault
CPS Investigations
Voyeurism
Domestic Violence
Robbery/Burglary/Kidnapping
Theft/Fraud/Shoplifting
Juvenile Sex Offenses
Arson
Threats to Kill
Identity Theft/Forgery
Criminal Trespass
Self-Defense
Defense of Property
Property Destruction
Violating Anti-Harassment Order
Federal Prosecutions





Practice Areas




Investigations
Preserve Evidence of Innocence
Challenge the Law
Address Client's Underlying Problems
Plea Negotiations
Pretrial Motions
Trials
Appeals & Post-Conviction Relief
Motions for New Trial
Appeals
Personal Restraint Petitions & Habeas Corpus
Clemency & Pardons
Parole
Other Representations
Victims & Witnesses
Non-Citizen Clients
"Hopeless" Cases




Law Offices of Lenell Nussbaum
2125 Western Ave., Suite 330 Seattle, WA 98121
Tel: (206) 728-0996 / email: lenell@nussbaumdefense.com
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