At Kenny, Burns & McGill, we pride ourselves on our capacity for aggressive criminal defense. Our passionate and knowledgeable attorneys are not afraid to directly question law enforcement and in court.
We recently had a client come to us who had been arrested and was being held on $750,000 bail. This client had serious charges against him: he had been accused of shooting a fellow citizen while being prohibited from possessing a firearm due to his status as a convicted felon. Our client was hit with many charges, including aggravated assault, simple assault, gun charges, and even drug charges.
This client was initially assigned a free public defender who secured a “deal” for him, proposing to waive his right to a preliminary hearing in exchange for dropping the assault charges against him. Luckily, this client chose to get a second opinion from the team at Kenny, Burns & McGill.
Criminal Defense Attorney Thomas Kenny recommended not giving up the chance to cross-examine the prosecution’s witnesses. The client, having faith in this aggressive approach, declined the deal, opting to go ahead with the preliminary hearing.
At the hearing, after the District Attorney questioned the arresting officer, Attorney Kenny was confident that he could cross-examine this witness in a way that would benefit his client. His key to success was simple—ask direct questions to expose the weaknesses in the case against the defendant.
The prosecution’s case hinged on a video of a man brandishing a gun on the streets of Kensington, and some shell casings found at the scene. The alleged shooter had striking purple sneakers and a car with Georgia plates, both distinctive in Philadelphia. The police had followed the car to an apartment and recovered drugs, identification, and clothes matching the alleged shooter.
Criminal Defense Lawyer Kenny began by questioning the officer about the identity of the person in the video, which revealed that law enforcement could not positively identify the individual. Attorney Kenny then strategically brought up the issue of traffic warrants, which caught the officer off guard; he didn’t know if the defendant had any warrants, and he didn’t know if anyone had even checked for warrants against our client.
The officer’s testimony regarding the shell casings, a crucial piece of evidence, unraveled under Attorney Kenny’s scrutiny. The officer admitted that Kensington is a high-crime area, and that law enforcement could not confirm whether the casings were from this specific incident. With no identifiable witness, medical records, or testimony from a shooting victim, the assault charges began to crumble.
In a bold move, Criminal Defense Attorney Kenny directed the court’s attention to the video once more, asking if there were any muzzle flashes indicating a fired gun. The officer conceded that no flashes could be seen; this may imply that the gun was never actually discharged, adding another layer of doubt to the prosecution’s case.
This vigorous defense had a great outcome; the judge agreed with Attorney Kenny and dismissed every assault charge. This case had seemed so stacked against our client that he was initially urged to waive some of his rights in the hope of getting leniency, but the power of an aggressive defense attorney was able to upend everything and twist the case into chaos for the prosecution.
In the world of criminal defense, this case testifies to the importance of having a fearless attorney willing to challenge the narrative of law enforcement. When facing serious charges, an aggressive criminal defense attorney can be the key to obtaining justice. If you or a loved one are in need of criminal defense, call Kenny, Burns & McGill today: (215) 423-5500