Practice Areas
Crimes of Violence: Murder®© ~ Assault
The cases read like episodes of Law and Order:
- Sixteen-year-old boy charged in the double stabbing deaths of two local football players in a street fight.
- Six Chinese gang members arrested for gangland shootings of six rival gang members in wild shoot out in suburban neighborhood.
- Thirty-year-old man kills both his psychiatrist father and social worker mother in psychotic frenzy in Englewood home.
- Hoboken beating death of prominent Asian-Indian man by four teens attracts international attention and outcry.
- Seventy-year-old husband accused of stuffing his wife in a home freezer after bludgeoning her to death.
- Husband stabs wife's paramour in day light attack in River Edge neighborhood as both men's wives witness the attack.
- Newspaper deliveryman beat near death by two youths in early morning "road rage."
- Computer professional charged with murder and attempted murder in a nightclub parking lot.
But these are not television fictions. These are just a few of the murder and attempted murder cases that Brian J. Neary has been involved in for the past twenty years.
Assaultive crimes, whether murder, attempted murder, or assault, all raise legal questions and defenses:
- Did the accused act in self-defense?
- Did the accused's actions cause the injuries that resulted in death or was there an intervening cause?
- Does the evidence prove that the accused is the killer or is it a case of mistaken identity?
A major consideration in many murder and other violent crime cases is the accused's state of mind. Was the accused "insane" at the time of the murder, according to the strict requirement for such a defense? Or was the accused unable to form the purpose to do the act or was he simply reckless due to some outside influence (like intoxication)? An accused may be found to be "not guilty by reason of insanity" (which leads to a long and complicated court proceeding on continued institutionalization, called "Krol status").
Brian J. Neary has been involved in all aspects of such murder cases - from psychiatric defenses to self-defense to scientific challenges to evidence and death's cause. Brian J. Neary knows the issues and has worked with leading experts in these defense areas. He has the experience to deal with such things as media coverage and the special counsel necessary for the accused and his/her family in these extraordinary circumstances.
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