212-300-5196

Service & Results.

nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Why Choose Us

Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.

Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.

We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.

Spodek
Law in the Media

View All

Meet Todd Spodek

WE PROVIDE WHITE GLOVE SERVICE TO CLIENTS
WHO WANT MORE FROM THEIR ATTORNEY

The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

How Does Federal Sentencing Work?

How Does Federal Sentencing Work?

Federal sentencing guidelines are a set of rules federal judges must follow, or at least consider, when sentencing someone found guilty of committing a federal crime. Enacted to provide federal judges with consistent and fair maximum and minimum sentencing ranges to refer to when delivering a sentence, these guidelines take the seriousness of the crime, the offender’s criminal record, and other characteristics into account.

The guidelines are not mandatory. However, federal judges are advised to consider and follow them. Any judge who deviates from the guidelines by imposing a harsher or more lenient sentence than the guidelines dictate must explain their reason for doing so.

How Sentencing Guidelines Work

Established in 1984 by the United States Congress, the United States Sentencing Commission developed the United States Sentencing Guidelines Manual. In the manual, a specific calibration of sentences is laid out according to total offense level and defendant criminal history.

According to the guidelines, most federal crimes are assigned an offense level from one to 43. The greater the severity of the crime, the higher the number. Federal criminal defendants are also assigned a number from one to six based on their past criminal history.

The criminal history and offense level numbers are then plotted on a sentencing table. The offense level is plotted on the vertical axis, while the criminal history number is plotted horizontally. An offender’s sentencing range is determined by the point in which they intersect.

Federal judges are advised to deliver a sentence within the guideline range. If not, they must defend their position and state their reason for doing so by identifying any extenuating circumstances or factor overlooked by the Sentencing Commission (United States v. Booker, 543 U.S. 220 (2005).

Offense Levels

As discussed above, offense levels are based upon the seriousness of the crime. There are 43 levels of seriousness. Every offense has a base offense level. At the top of the spectrum with a offense level of 43 is first-degree murder. Burglary of a residence, on the other hand, has an offense level of 17.

These levels, however, are just base levels. In other words, they are just a starting point. To determine a final offense level, any adjustments and specific offense characteristics must be added or subtracted from the base offense level.

Offense Level Adjustments

Adjustments are specific factors generally applicable to any offense, and they have the power to decrease or increase the offense level.

Some examples of offense level adjustments include:

• Two level increase if the defendant obstructed justice
• Two level increase if the defendant knew the victim was underage or suffering from a mental or physical condition
• Two level decrease if the defendant clearly accepts responsibility
• Three level increase if the crime was motivated by hate
• Four level decrease if the defendant was a minimal participant

Specific Offense Characteristics

For specific offenses, there may be particular factors or characteristics that can raise the offense level. Therefore, these “specific offense characteristics” can also affect a judge’s sentencing.

Some examples of special offense characteristics include:

• One level increase if a burglary results in loss above $5,000
• Five level increase if a burglary results in loss above $1,500,000
• Five level increase if a firearm was brandished during a robbery

Criminal History

The second major element of the sentencing guidelines is the criminal history of the offender. Offenders are assigned to one of six different criminal history categories. These categories are based upon the recency of past crimes and the length of the sentences handed down. Category I is for first-time offenders and those with less serious criminal records.

Departures from the Guidelines

Lastly, a judge must consider whether or not there are any mitigating or aggravating circumstances not taken into account by the Sentencing Commission when formulating the guidelines (18 U.S.C. § 3553(b)). If a judge determines such a circumstance exists, a sentence can be given below or above the guideline range. However, the reason for doing so must be stated in writing.

Appealing a Federal Sentence

If you have been sentenced in a federal court, you have a constitutional right to appeal the verdict or sentencing decision. Decisions made in federal district court can be appealed by filing a motion with the United States Circuit Court of Appeals. If your appeal has already been heard by the Circuit Court, you can take your appeal to the Federal Supreme Court. However, they rarely grant permission to hear appeals cases.

Your Federal Criminal Defense Team

While sentencing in federal and state criminal cases is quite similar, there are important procedural differences that require the expertise of an experienced federal attorney. Federal investigators are persistent in finding the information needed to build a case against you. You need an attorney who will be even more persistent in your defense.

Regardless of the specifics of your case, our criminal defense attorneys have a wealth of experience defending clients in both state and federal cases. We are here to protect your best interests and ultimately your freedom, so call or contact us today.

The federal sentencing guidelines are the rules that set the sentencing policy for defendants convicted of committing federal crimes under the United States Federal Court System. The guidelines were initially created in 1987. The guidelines have set out a clear calibration of sentences depending on the veracity of crime committed. It is the role of the judge to scrutinize the crimes committed and compare them with the guidelines provided to determine the sentencing for the defendant. These guidelines are however not mandatory. However, if a judge decides to use his or her own discretion instead of following the guidelines, he or she must explain what factors made him come to that decision. If it is a sentence increase or decrease, there must be a clear reason why it was done.

If you are convicted of a federal crime or someone close to you has been convicted either through a trial or pleading guilty, it is necessary to know how the sentence to be handed over will be arrived at. For a federal crime, judges must follow the federal sentencing guidelines. The guidelines are created by an independent commission known as the Sentencing Commission and set the sentencing that different federal crimes should carry. As a convict, it is important to understand the sentencing that you will probably get so that you can decide whether it is admissible or an appeal is required.

The federal sentencing guidelines were created after the Congress passed the Sentencing Reform Act of 1984 to create a standard sentencing manual that will be used by all judges. There was concern that judges from different jurisdictions where rendering too lenient and others too much sentencing. The manual award points depending on factors such as the defendants a criminal history, how the crime was committed, and the type of crime committed. A defendant who gets one point only is given the minimum sentencing of six months in jail, and one who grades the maximum 43 points automatically receives a life sentence. Although the guidelines are meant to be mandatory, some judges consider them too harsh or too rigid to be applied in practice.

The federal sentencing guidelines are therefore considered as advisory and not mandatory. What this means is that judges can consult the manual, but they do not have to impose a sentence based on it. Also, under the federal sentencing guidelines, a judge is not allowed to enhance a sentence. Enhancement is only permitted when the defendant accepts to have committed a crime, or a grand jury has verified that the charges were true. For instance, a judge may enhance sentencing for a defendant who confesses injuring a person in the process of committing another crime. In this case, the defendant must have agreed that the injury occurred or a jury concluded the defendant caused the injury.

When a federal judge is making considerations on the sentence to hand over to a convict, some factors need to be taken into account. What is the criminal record of the defendant? If a person has never been convicted in the past for criminal case, they are likely to get shorter sentencing. However, if the defendant has committed lots of crime in the past, the history will be used to hand over longer sentencing.

The judge must also look at the crime committed. For instance, if a defendant was involved in bank fraud, they will look at other cases involving fraud and they will try to show whether the current case is adverse or lenient.

The judges will also consider whether the defendant was convicted through trial or after a guilty plea. A different who has pleaded guilty is likely to enjoy a few points deducted based on the federal sentencing guidelines. However, if a crime affected many victims, the chances are that the judges will add the points resulting in longer sentencing. So as a defendant, you are supposed to work with a seasoned attorney who understands the basic framework of the law and will help you in getting the most deserved sentencing.

Appeal and withdraw of a guilty plea

Under the federal criminal system, a defendant is allowed to withdraw a guilty plea or even appeal a case after conviction. However, there are guidelines that must be observed when the courts are deciding whether to allow withdrawal of a guilty plea to happen. Such a move should be made within a short time after the guilty plea has been made and the defendant proves beyond reasonable doubt that the guilty plea was made out of an error. Factors such as the innocence of the defendant or a change in law are considered when a withdrawal of a guilty plea is being heard. For an appeal, the defendant must file a notice of appeal within ten days after conviction and then provide a written brief within 30 days. The prosecution will also have 30 days to respond to the appeal before the appellate judges start to hear the case.

Free Consultation

Testimonials

I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me, and my company Qumana skincare feel comfortable and confident that the team was going to work hard for me. Everything...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

White Glove Service

We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196

get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005

212-300-5196

get directions

QUEENS

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196

get directions

BROOKLYN

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196

get directions
Call Now!