Charlotte, North Carolina, April, 2022. Mark Foster represented a client charged with possession of firearm by a convicted felon. Based on the facts of the case, Foster presented a “justification” defense at trial. This is a legal defense to a gun possession charge that applies where a person faces a threat of imminent harm or death and has no choice but to possess a firearm. Foster’s client had disarmed an intruder to his apartment and was left with the gun after the intruder fled. The police arrived, found the gun in the apartment, and reflexively arrested and charged the client. The District Attorney went ahead with the prosecution of Foster’s client, leaving no choice but trial. After a three-day trial, Foster successfully convinced the jury that his client’s possession of the firearm was justified under the circumstances. Accordingly, the jury found the client not guilty.
