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NYC Criminal Lawyers

The Spodek Law Group is an elite criminal defense law firm that provides superior service and white glove professionalism, to a unique clientele nationwide. We handle tough cases that require experience, attention to detail, and excellence in order to win. With over 50 years of combined experience, we’ve handled national and international cases.

Our Mission

Service is paramount to results. We treat you like family, so you know what's going on always.

We Work for You

When you hire our criminal attorneys, you work directly with a senior attorney only.

Who We Are

We've been reviewed and rated as a top rated criminal defense law firm.

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Criminal Defense Lawyers

Our criminal defense law firms is one of the most successful defense law firms in the state of New York. We have a high success rate because we are very pragmatic when it comes to advising our clients on how to proceed – and to make sure their case ends in a positive outcome. Our goal is to help every single client get charges dismissed, or reduced. Because of our work, 100’s of people have been able to avoid criminal charges from being filed against them.

Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!


Hear From Our Clients

"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
Read Our Reviews

New York Penal Code 130.50: Criminal Sexual Act in the First Degree

The New York Penal Code enumerates three different crimes in the criminal sexual act category. The most serious of the crimes in this category is criminal sexual act in the first degree. Criminal sexual act in the first degree is a classified as a class B felony.

Elements of Criminal Sexual Act in the First Degree

Criminal sexual act in the first degree involves engaging in anal or oral sex with another individual under a specific set of circumstances. Criminal sexual act in the first degree involves anal or oral sex by forcible compulsion or with a person who is physically helpless. This crime also occurs when it involves a child under the age of 11. In addition, the crime occurs when the victim is a child under the age of 13 and the perpetrator is at least 18-years old.

The statute further defines specifically what constitutes anal or oral sex for the purposes of this crime. All of these elements must be satisfied in order for a person to be prosecuted under this provision of the New York penal code.

Examples of Criminal Sexual Act in the First Degree

An example of criminal sexual act in the first degree is two adults, a man and a woman, drinking alcoholic beverages. The woman consumes in excess and passes out.

While the woman is passed out, the man engages in oral contact with the woman’s vaginal area. This would constitute criminal sexual act in the first degree because it meets the description of the type of conduct anticipated by the statute. In addition, the act occurred while the woman was physically helpless.

Another example involves an 18-year old young man who entices a 12-year old to perform oral sex on him. The 18-year old cannot make the argument that the 12-year old willingly participated. A minor cannot consent to sexually contact.

Sentence for Criminal Sexual Act in the First Degree

Criminal sexual act in the first degree is classified as a class B felony. As a result, in New York, a person convicted of the crime can be sentenced up to 25 years in prison. If the crime is further classified as a violent offense, a defendant would face a mandatory five years incarcerated.

Probation may also be a part of a person’s sentence when convicted for criminal sexual act in the first degree. The mandatory probationary term is 10 years in this type of case. A person will also be ordered to register as a sex offender. This will likely be a lifetime requirement.

Defenses for Criminal Sexual Act in the First Degree

If an adult is the alleged victim, a valid defense would be consent to the sexual act. If a defendant can demonstrate the other adult party in fact consented to the act, prosecuting this type of case would become next to impossible. The only potential exception would arise from a demonstration that the purported consent was coerced.

Another defense may be that you lacked the necessary intent to be guilty of criminal sexual act in the first degree. A person may be guilty of a lesser charge, but not criminal sexual act in the first degree, if he or she lacked the necessary criminal intent.

An NYC criminal attorney can provide insights into possible defenses in a criminal sexual act in the first degree case. A defense attorney will schedule an initial consultation to discuss a case, and to provide an overall case evaluation. This includes an analysis of potential defense strategies. As a general rule, a criminal defense lawyer does not charge a fee for an initial consultation with a prospective client.

New York Penal Code 130.45: Criminal Sexual Act in the Second Degree

One of the most serious criminal sexual act crimes in the state of New York is criminal sexual act in the second degree. As per the New York Penal Code 130.45, the crime is committed if you are at least 18 years of age and engage in oral or anal sex with another person who is under 15 years old or if you have oral or anal sex with a person who is incapable of consenting because they are mentally disabled or mentally incapacitated.

As per New York’s Penal Code 130.00(5), if a person has a mental disability and doesn’t have the capacity to understand what entails a sexual act and then you engage in one of those sexual acts with that person, it is considered to be a criminal sexual act in the second degree. In addition, New York’s penal code 130.00(6), a person is mentally incapacitated if they are intoxicated due to using alcohol or drugs. In that instance, if you engaged in one of the sexual acts with an individual in that scenario, it would also be considered a criminal sexual act in the second degree.

Example of Criminal Sexual Act in the Second Degree Under New York Penal Code 130.45

An example of a criminal sexual act in the second degree is that a woman serves as a caretaker for a man who suffers from mental retardation that results in his mental ability to be like that of a child. The woman initiates sexual contact and encourages the man to engage in oral sex with her. As a result of these actions, the woman could be charged with and prosecuted for a criminal sexual act in the second degree because the man lacked the mental capacity to consent to the sexual contact. Even if the man supposedly consented, it is irrelevant because his mental capacity would deem it impossible for him to consent.

Possible Defenses for Criminal Sexual Act in the Second Degree

There are a few possible defenses for a criminal sexual act in the second degree charge. Of course, the specific facts of your case depend on which of the defenses your NYC criminal attorney can use. The defenses are as follows:

Lack of Corroboration: If the charges against you came about as a result of the victim being mentally disabled or mentally incapacitated at the time of the incident, in addition to the testimony of the victim, as per the New York Penal Code 130.16, there must be evidence to corroborate the claims.

Statute of Limitations: New York, like the other states in the United States, has what is known as a statute of limitations. This is a time limit required to prosecute for a crime. In this instance, there is five years from the date of the incident for prosecution to take place. Under New York Criminal Procedure Law 30.10, if the case isn’t brought to court against you within that time frame, you cannot legally be prosecuted.

Penalties and Sentences for Criminal Sexual Act in the Second Degree

Criminal sexual act in the second degree is charges as a class D felony, with the maximum prison sentence being seven years. In addition to the prison term, you may also be given probation that last up to 10 years. However, regardless of the sentence you receive, you are also required to register as a sex offender under New York’s Correction Law 168. It’s also required to follow the rules of the registration for 20 years and possibly for the rest of your lifetime.

New York Penal Code 130.40: Criminal Sexual Act in the third degree

New York City takes a hard stance on sexual offenses. In many instances the prosecution must show that there was a lack of consent on the part of the victim. The following outlines New York penal code 130.40, which is criminal sexual act in the third degree. If you are facing a sexually based offense such as this, it is important to seek the advice of a NYC criminal defense attorney as soon as possible.

Definition

According to New York law, those who engage in the following conduct can be charged with violating penal code 130.40 of committing a criminal sexual act in the third degree:

  • Having Oral Sex Against A Person’s Will
  • Engaging In Anal Sex Without Consent
  • Having Oral Or Anal Sex With Someone Who Cannot Give Legal Consent
  • Being Over 21 And Having Anal Or Oral Sex With Someone Under 17

The law defines anal sex as:

  • Contact With The Anus And Penis

Oral sex is defined as contact between the mouth and:

  • The Vulva
  • The Vagina
  • The Penis
  • The Anus

Penalties

Violation of New York penal code 130.40 is a Class E felony and can carry penalties of:

  • A Prison Sentence Of Up To 4 Years
  • Extended Probation Time
  • Fines And Fees
  • Registration As A Sex Offender

Being convicted of a sexually motivated crime that is a felony, will impact your life in negative ways. Because felony charges and convictions show up on routine background checks, you may not be able to get a job or rent an apartment or house. Having to register as a sex offender everywhere you live is also problematic for most people. Failing to register when required to do so could mean jail time.

Defenses

Few crimes are as difficult to defend as sex charges. To do so, you need an experienced criminal defense attorney to help you avoid prison. Some things your defense attorney may do to defend you are:

  • Hire Investigators
  • Get The Case Dismissed Based On New York Statute Of Limitations
  • Prove Consent Was Given

Even though this criminal offense is less serious than other sex crimes, it is still a felony and can create havoc in your life if you are found guilty and convicted. For this reason, you must not wait to speak with a lawyer for advice. Your attorney may be able to negotiate a lighter sentence for you that does not include jail time and long periods of probation.

Being accused of any crime is difficult, but sexually based offenses are embarrassing for you and your loved ones. There is also a great deal of stress association with facing felony charges and possible jail time. Contact a criminal defense attorney today to discuss your options. After going over the facts in your case, a lawyer will let you know the best way to mount a defense in court. Once you have a competent attorney working for you, it will be less stressful for you until you can tell your story in court. Your criminal defense attorney will work hard to preserve both your reputation and your freedom.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

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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.

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