Bernhard Goetz - Criminal Trial

Criminal Trial

The case was defended by Barry Slotnick and Mark Baker. Slotnick argued that Goetz's actions fell within the New York self-defense statute. Under Section 35.15, "A person may not use deadly physical force upon another person... unless... He reasonably believes that such other person is committing or attempting to commit ."

Goetz was tried before a mainly white Manhattan jury, six of whom had been victims of street crime. He was acquitted of the attempted murder and first-degree assault charges and convicted of criminal possession of a weapon in the third degree – carrying a loaded, unlicensed weapon in a public place. He was sentenced to six months in jail, one year's psychiatric treatment, five years' probation, 200 hours community service, and a fine of $5,000. He appealed, and the appellate court affirmed the conviction and ordered a resentencing for a period of one year in jail without probation. The order of the appellate court was affirmed because the trial court had not erred in instructing the jury that, if it found the People had proved each of the elements of the crime beyond a reasonable doubt, it "must" find the defendant guilty. This was not a directed verdict. Goetz served eight months.