Criminal Defense

Damon Kirschbaum and Kirschbaum Law Firm, LLC have successfully represented clients in many challenging criminal cases. Here are stories about some of our notable successes:

  1. Not Guilty Jury Verdict on Child Sexual Abuse Charges. Our client was accused of sexually abusing his former step-daughter over a period of years. If convicted, the client faced more than 50 years of incarceration. We vigorously attacked the government’s case. We showed that their investigation into the allegations was incomplete and biased. We also showed that there was no independent evidence to support the allegations, and that the independent evidence that did exist was inconsistent with the allegations. The jury found our client not guilty of all charges.
     
  2. Murder and First Degree Assault Convictions Vacated and New Trial Ordered. Before our representation started, our client had been incarcerated for years while serving a 100 year sentence for murder and first degree assault convictions. Our investigation revealed that a key witness at our client's criminal trial repeatedly falsely denied that the government had provided him with anything in exchange for his testimony against our client. The truth was that the government had agreed to help the witness with unrelated criminal charges. After a habeas trial, the habeas court denied relief, but we appealed the judgment to the Connecticut Appellate Court. Ultimately, both the Connecticut Appellate Court and the Connecticut Supreme Court ruled that our client’s constitutional right to due process and a fair trial was violated because the government failed to correct the false testimony. After the Supreme Court ordered a new criminal trial, the government dropped its case, all charges were dismissed, and the client walked out of the courthouse a free man after being wrongfully incarcerated for more than 16 years. His three co-defendants were also released.
     
  3. Child Sexual Abuse Convictions Vacated and New Trial Ordered. Before our representation started, our client had been incarcerated for years while serving a 17 year sentence for child sexual abuse convictions. Our investigation revealed that the client's trial counsel had failed to present evidence that the alleged victim had multiple compelling motives to fabricate the allegations against the client, and failed to present evidence that the key witness that supposedly corroborated the alleged victim's allegations was an admitted drug user and thief that had been diagnosed with paranoid delusional disorder. After a habeas trial, the habeas court found that our client's constitutional right to the effective assistance of counsel was violated, and ordered a new criminal trial.
     
  4. Assault of a Public Safety Officer Conviction Vacated and New Trial Ordered. Before our representation started, our client had been incarcerated for years while serving an eight year sentence for an assault of a public safety officer conviction. Our investigation revealed that the client's trial counsel had failed to present evidence that would have corroborated the client's testimony that he did not assault the officer. After a habeas trial, the habeas court found that our client's constitutional right to the effective assistance of counsel was violated, and ordered a new criminal trial. The Connecticut Appellate Court affirmed the habeas court's judgment.
     
  5. Lifetime Sex Offender Registration Vacated. Before our representation started, our client had been ordered to register as a sex offender for his lifetime, even though he accepted a plea offer and pleaded guilty with an understanding that he would only be required to register for 10 years. In the middle of a habeas trial, the government agreed to give our client precisely what he wanted and we demanded. By agreement, the habeas court found that our client’s constitutional right to due process was violated, and ordered that his convictions were vacated. The client then accepted a new plea agreement and pleaded guilty to different charges that only required 10 years of sex offender registration.
     
  6. Guilty Plea to Possession of Marijuana with Intent to Sell Vacated. Before our representation started, our non-citizen client pleaded guilty to possession of marijuana with intent to sell without a full and accurate understanding of the collateral consequences of the conviction on his immigration status. While the client was on probation, agents of the Immigration and Customs Enforcement (ICE) of the Department of Homeland Security took him into custody and started deportation proceedings. The client then learned that his conviction made it clear and certain that he would be deported and banished for his lifetime. After a habeas trial, the habeas court found that our client's constitutional right to non-conflicted counsel was violated because his trial counsel simultaneously represented the client's co-defendant, and ordered that his conviction was to be vacated. After the conviction was vacated, the client was released from ICE custody. The client subsequently entered a guilty plea under the terms of a new plea agreement that had no adverse immigration consequences.
     
  7. Guilty Plea to Assault of a Public Safety Officer Vacated. Before our representation started, our non-citizen client pleaded guilty to assault of a public safety officer without a full and accurate understanding of the collateral consequences of the conviction on his immigration status. While the client was on probation, agents of the Immigration and Customs Enforcement (ICE) of the Department of Homeland Security took him into custody and started deportation proceedings. The client then learned that his conviction made it clear and certain that he would be deported and banished for his lifetime. After we filed an emergency motion to vacate his conviction, the criminal court found that our client had not been properly advised by the sentencing court about the possible immigration consequences of the conviction, and vacated his conviction. After the conviction was vacated, the client was released from ICE custody. The client was subsequently admitted into a pre-trial diversionary program that had no adverse immigration consequences.
     
  8. First Degree Kidnapping Conviction Vacated. Before our representation started, our client had been incarcerated for years while serving a 31 year sentence of incarceration for first degree kidnapping, first degree sexual assault, and threatening convictions. The client's sentences for the individual offenses were 18 years of incarceration for the first degree kidnapping conviction, 12 years of incarceration for the first degree sexual assault conviction, and one year of incarceration for the threatening conviction, all to be served consecutively to each other. In 2008, the Connecticut Supreme Court changed the law regarding the evidence required to support kidnapping convictions that are committed at the same time as other offenses, such as sexual assault. In 2011, the Connecticut Supreme Court applied the changed law retroactively to people, like our client, that had been convicted under the old law. By agreement, the habeas court vacated our client's conviction and 18 year sentence of incarceration for the first degree kidnapping conviction. Our client was released from custody that same day.

If you need a criminal defense attorney for a serious case in Connecticut, please call Damon Kirschbaum at (860) 522-7000 x101 to talk about how we can help.