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A recent New York City criminal case has drawn national attention to the challenging questions that arise when self-defense intersects with firearms laws. Charles Foehner, a 67-year-old Queens resident, was sentenced to four years in prison after an incident in which he defended himself against an intruder with a history of violent criminal behavior. Raiser, Kenniff & Lonstein represented Mr. Foehner throughout this complex legal matter, with founding partner Thomas A. Kenniff serving as lead counsel.
The case, which was recently featured in a TPUSA Frontlines report, raises important considerations about proportionality in criminal sentencing and the application of New York's strict firearms laws.
Understanding the Charles Foehner Case
Charles Foehner found himself in a situation that many homeowners fear: confronting someone who entered his property unlawfully. The individual who confronted Mr. Foehner had a documented history that included a violent criminal record and mental illness. During the encounter, Mr. Foehner defended himself, but was subsequently charged with criminal possession of a weapon because he did not possess the firearms lawfully under New York law.
This week, Mr. Foehner was sentenced to four years in prison. The sentence has sparked considerable debate about whether justice was truly served, particularly given Mr. Foehner's age, lack of any history of violence, and the circumstances that led to the charges.
Legal Perspective from Defense Attorney Thomas Kenniff
In his interview with TPUSA Frontlines, Thomas Kenniff of Raiser, Kenniff & Lonstein provided insight into the legal and human dimensions of this case. As Mr. Foehner's lead attorney, Kenniff emphasized several critical points about the outcome:
The Question of Proportionality
"I don't think justice was served on a macro level," Kenniff stated in the interview. He acknowledged that his client possessed firearms without proper authorization, noting "we've said consistently our position was that Charlie is not without fault." However, the central legal and ethical question became one of proportionality.
Kenniff explained that prosecutors possess significant discretion in cases like these. While they exercised some discretion by offering a sentence less severe than what Mr. Foehner might have faced at trial, the fundamental question remains: was a four-year prison sentence proportional to the circumstances?
Personal and Financial Impact
The consequences of this prosecution extend far beyond the prison sentence itself. Mr. Foehner and his wife were forced to sell their home as a result of the legal proceedings. At 67 years old, Mr. Foehner now faces separation from his family and his primary source of income while serving his sentence at an upstate facility.
"I've never been part of a case this sad and tragic," Kenniff remarked, expressing deep concern about the mental and emotional toll this outcome will have on his client.
Broader Context in New York Criminal Justice
The Foehner case exists within a larger conversation about criminal justice policy in New York. Kenniff raised questions about consistency in how the justice system treats different defendants in the city, particularly in cases involving self-defense or weapons charges.
New York's Criminal Possession of a Weapon Laws
New York maintains some of the strictest gun laws in the United States. Criminal possession of a weapon charges can range from misdemeanors to serious felonies, depending on multiple factors.
These may include:
The type of weapon involved
Whether the individual had proper licensing
Prior criminal history
Circumstances of possession
Location where the weapon was possessed
Even individuals who believe they are acting in self-defense can face serious criminal charges if they possess weapons unlawfully. New York law requires proper licensing for firearms, and violations can carry substantial penalties regardless of the circumstances that prompted someone to possess a weapon.
Self-Defense Considerations in New York
New York recognizes the right to self-defense, but the law is nuanced and fact-specific.
Key considerations include:
The Duty to Retreat – In New York, individuals generally have a duty to retreat before using physical force, except when in their own home (the "Castle Doctrine")
Reasonable Force – The force used must be proportional to the threat faced
Unlawful Weapon Possession – Even in legitimate self-defense situations, possessing an unlawful weapon can lead to separate criminal charges
When You Need Experienced Criminal Defense Representation
Cases like Charles Foehner's demonstrate why having experienced legal representation is crucial when facing weapons charges or other serious criminal matters in New York. At Raiser, Kenniff & Lonstein, our founding partners are former prosecutors who understand both sides of the criminal justice system.
If you're facing criminal charges involving weapons possession, self-defense claims, or other serious matters, our team provides:
Strategic Defense Planning – We evaluate every aspect of your case to identify the strongest defense approach
Negotiation Experience – Our attorneys work to achieve proportional outcomes, whether through plea negotiations or trial
Trial-Ready Advocacy – As former prosecutors with extensive trial experience, we're prepared to defend your rights in court
Comprehensive Support – We understand the personal and financial toll that criminal charges create for defendants and their families
Thomas A. Kenniff brings unique insight to criminal defense matters as a former Assistant District Attorney who served under Jeanine Pirro, a retired Major in the U.S. Army National Guard JAG Corps, and an Iraq War veteran. His experience prosecuting cases gives him a valuable perspective on how to mount an effective defense.
Questions About Your Criminal Case?
Facing criminal charges, especially weapons-related charges, requires immediate action. New York's criminal justice system is complex, and the stakes are high. Whether you're dealing with weapons possession charges, self-defense questions, or other criminal matters, early legal representation can make a significant difference in the outcome of your case.
Raiser, Kenniff & Lonstein offers free consultations to discuss your legal situation and explain your options. Our attorneys are available 24/7 to provide guidance when you need it most.
Submit a contact form or call us at (888) 646-0025 to schedule your free, no-risk consultation with our experienced New York criminal defense attorneys.