A defense lawyer for the man seen on video kicking a young cat high up into the air is attempting to get the case dismissed. Risa Procton says that it's unclear that the cat, later named King, actually suffered injuries.

After video of Robinson's cruel act was posted on Facebook in May, animal lovers rushed into action, helping identify a phone number seen on scaffolding—leading the police to find the suspect in Brooklyn—and then finding the cat. The cat, named King, recovered from his injuries and was later adopted. Robinson, 21, now faces up to a year in jail if found guilty; he said last week, "It was just a spur of the moment, it just happened. I shouldn’t have done it." He did seem to enjoy it a lot, though:


King, after his recovery (Courtesy of the ASPCA)

According to the Daily News, lawyer Risa Procton wrote in a motion, "The accusatory instrument fails to allege any injury or pain experienced by the cat."

She pointed to the criminal complaint, which quoted a veterinarian who watched the disturbing Facebook clip from last May and opined that it showed actions that “would cause serious physical injury to the above described cat” — instead of stating that an injury had actually taken place...

Robinson, who has said in an interview that he was sorry while downplaying his deed, faces up to a year in jail for a charge of overdriving, torturing and injuring animals — a misdemeanor that doesn’t require proof of significant wounds.

A Brooklyn DA's office spokesperson told the Post, "Defense attorney filed a … facial insufficiency motion." Some other defense groups question whether Robinson deserves a harsh punishment.

A judge will rule on the motion in January.