The term “Daniel Penny Effect” emerged as following the 2023 incident involving Daniel Penny, a former U.S. Marine, and Jordan Neely, a homeless man suffering from untreated mental illness, on a New York City subway. Penny restrained Neely in a chokehold during an altercation, and Neely died. A forensic pathologist hired by Penny’s attorneys testified that Neely died from the “the combined effects of sickle cell crisis, the schizophrenia, the struggle and restraint and the synthetic marijuana” of a number of a factors, not a chokehold.

Penny was subsequently charged with manslaughter but was acquitted in December 2024. As of this writing, Penny still faces a civil suit filed by Neely’s father.

READ MORE: The NYC Subway Trial: What You Don’t Know Can Incarcerate You

What is the “Daniel Penny Effect”?

The “Daniel Penny Effect” refers to the phenomenon where individuals hesitate to intervene in public emergencies or violent situations due to fear of legal repercussions, negative publicity, or personal harm. This term became popular after a tragic incident in December 2024, where bystanders and police reportedly failed to assist a woman who was attacked on a Brooklyn subway, set on fire by a mentally ill man who was in the United States illegally.

Guardian Angels founder and community activist Curtis Sliwa told The New York Post “People should have been running over to the woman on fire. They did nothing. They said nothing,” calling the reluctance of bystanders to intervene “the Daniel Penny effect.”

Critics argue that the “Daniel Penny Effect” discourages proactive bystander intervention, potentially leading to increased victimization in public spaces. They contend that the fear of legal consequences may cause individuals to avoid assisting others in distress, thereby undermining community safety.

Given that New York District Attorney Alvin Bragg decided to charge Penny with manslaughter and criminally negligent homicide, charges that could land him in prison for up to 15 years if convicted, the concern seems warranted. Even though Penny was acquitted, he incurred hundreds of thousands of dollars in attorney fees for his legal defense. Fortunately for him, he raised $2.9 million via Crowdfund to pay for legal representation. Penny still faces a civil case, which even if it is settled out of court poses more legal bills and a potential civil judgment, which could be substantial.

The Daniel Penny Effect means that even when you lawfully act in self-defense or to protect others, you could still face criminal charges from an ideologically motivated prosecutor, as demonstrated by DA Alvin Bragg Jr. in the Penny case. Additionally, you may become the target of a civil lawsuit from the attacker’s family seeking financial compensation, as demonstrated by Neely’s father’s civil suit against Penny.

Second Call Defense Has Your Back

Fortunately, you don’t have to face a situation like Daniel Penny’s alone. Thanks to the high-profile nature of the Subway Trial, Penny was able to raise significant funds for his legal defense through nationwide support from donors. However, most self-defense cases lack such widespread public attention, making it far more difficult to gather financial support.

That’s where Second Call Defense steps in.

Immediate up-front self-defense legal protection from Second Call Defense is your protection against reckless prosecution and spurious civil suits. The use of any form of self-defense can get you arrested, prosecuted, and convicted without proper representation.  We cover all incidents of self-defense, whether you use your hands, feet, a knife, rock or a firearm.

With Second Call Defense you have an UNLIMITED legal defense budget for both criminal and civil suits.

Ask yourself these questions, and if the answer is “no” to any of them, chances are you need Self-Defense Liability Legal Protection:

• Do you have an attorney on retainer skilled in defending against criminal charges?
• Do you have an unlimited budget to pay out-of-pocket for your legal defense bills?
• Do you have at least $100,000 in cash to pay a bail bondsman that you can afford not to get back?
• Do you have ready access to professional psychological counseling for post-incident treatment?
• Do you have legal protection against civil damages that could force you to sell your home, cars, guns, and other assets to pay a judgment?

READ MORE: When It’s Too Late to Buy Self-Defense Liability Protection

Join Second Call Defense Today

Second Call Defense has a 100% success rate defending our Members. We ensure that you’re never alone in the aftermath of a self-defense incident and we will never ask you to pay us back for your legal defense. Click here to become a Member of Second Call Defense.

*Second Call Defense is not insurance and does not sell or promote insurance products.  Second Call Defense is a membership organization that provides its members access to the “Second Amendment Support Foundation, Inc.,” which provides the means necessary to protect Second Call Defense members from the legal aftermath of exercising their right to self-defense. For an overview of the differences between Second Call Defense Member Benefits and traditional insurance, click here.