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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.

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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 176.30: Insurance fraud in the first degree

Insurance fraud is considered a form of white collar crime. White collar crime is defined as a criminal act, usually some type of fraud, performed by someone with a higher than normal social standing or level of education. These types of cases can be prosecuted on either the federal level or the state level, depending on the type of fraud committed, who the victims are, the total dollar amount involved, and more. In some cases, both the US Attorney and the New York State District Attorney could both prosecute. The laws behind insurance fraud can get very complex.

New York penal code 176.30 Broken Down
New York Penal Code 176.30 deals with insurance fraud where the property involved has a value in excess of $1 million. People can be charged with insurance fraud when they knowingly give false information to an insurance company with the intent to receive money they are not entitled to receive. Penal code 176.30 deals with insurance fraud in the first degree, which is the most serious insurance fraud crime due to the high dollar amount involved. This is a class “B” felony. Sentences for class B felonies can be quite stiff, with prison terms of up to 25 years plus probation, fines, and restitution.

Examples of Class B Felony, First Degree Insurance Fraud
To qualify under Penal Code 176.30, the total dollar amount must exceed $1 million. One example might be when someone fakes a robbery of a valuable collection just so they can file an insurance claim. Another example might be if someone sets fire to their home to get out from under a mortgage and collect on the homeowner’s insurance. These would both fall under the Penal Code 176.30 if the total value was greater than $1 million. There could be additional charges in both these events in addition to an insurance fraud charge.

There are other instances of insurance fraud where the total amount involved could exceed $1 million. Life insurance fraud and healthcare claims fraud are two such examples. However, these types of insurance fraud are covered under a different Penal Code.

Defenses Against a Charge of First Degree Insurance Fraud
There are many different defense strategies that a good experienced criminal defense attorney can utilize. The first test is always intent. If you didn’t intent to defraud the insurance company or didn’t realize that you were filing a claim with false information, you wouldn’t be guilty of fraud. For example, if a family member removed a piece of valuable property and you thought it was stolen, then that wouldn’t be considered insurance fraud because you didn’t know and didn’t willfully intend to deceive the insurance company. Similarly, if you filed a claim and unknowingly made false statements, that would not be considered fraud. The key is intent. In addition, if the total value of the insurance claim is less than $1 million, than Penal Code 176.3 would not apply and the charges should be reduced.

Summary
New York Penal Code 176.30 is a very serious charge that carries substantial fines and potential prison time of up to 25 years. There are defenses that a good experienced New York criminal attorney can utilize to help minimize the sentence, reduce the charges, or even get the case dropped altogether. The most important thing is to contact a good attorney as soon as possible when these type of charges are levied against you. A good defense attorney will examine all the fact and be able to present the best possible defense.

New York Penal Code 176.25: Insurance fraud in the second degree

In general, insurance fraud refers to any attempt to make a false claim to an insurance company, with the hope of illegally acquiring money or property. Although false arson claims are one of the most common insurance fraud attempts, there are also plenty of others. For instance, there have been cases where healthcare providers have attempted to bill insurance companies for services that were never rendered. Under the New York penal code though, insurance fraud in the second degree specifically refers to an attempt, whether successful or not, by someone to obtain property with a value of more than $50,000 and less than $1,000,000 from an insurance company.

Examples of Insurance Fraud

As previously mentioned, one of the most common examples of insurance fraud is arson. For example, if someone’s home is burned down, they might try to make a claim with an insurance company for the value of the house. If it is discovered that the person whose house burned down was the one responsible for the fire though, and intentionally committed the act in order to collect money from the insurance company, then they could be charged with insurance fraud. If the home’s value fell within the range between $50,000 and $1,000,000, then they would specifically be charged with insurance fraud in the second degree.

Defending Against Insurance Fraud Claims

In order to avoid being charged with insurance fraud in the second degree, a NYC criminal lawyer will normally try to prove that the value of the insurance money was less than the ,000 minimum requirement. Of course, proving this does not absolve a defendant of guilt, but it does mean that the charge can at least be lowered to insurance fraud in the third, fourth, or fifth degree.

Aside from lowering the charges, the other primary defense against insurance fraud in the second degree is to prove that any wrongdoing was not actually intentional. For instance, if an insurance claim is found to be inaccurate, it could be argued that the defendant did not intentionally misrepresent their situation, and only made an inaccurate claim due to insufficient information. This is a common defense with regards to health insurance claims, where the circumstances surrounding a patient’s health can sometimes be difficult to determine, as well as the nature of any operations that they might require. Simply put, it is not enough for an insurance company to show that an error was made, they must also prove that the error was made intentionally.

Sentencing for Insurance Fraud

Insurance fraud in the second degree is treated as a class E felony, which means that anyone found guilty of it can be sentenced to up to 15 years in prison. In addition to serving time in prison, a guilty party can also be charged a fine or even sentenced to probation for up to five years. Finally, the judge can also order any money that was illegally obtained to be paid back to the insurance company.

Given the serious consequences associated with an insurance fraud case, it’s recommended that anyone suspected of having committed insurance fraud to immediately seek out an attorney. Since insurance fraud in the second degree can lead to prison time, as well as hefty fines, it’s important to have someone with expertise in the area to handle the case and ensure that the defendant has the best chance of avoiding punishment.

New York Penal Code 176.20: Insurance fraud in the third degree

Insurance fraud occurs when a person uses dishonesty or a material misrepresentation in order to get a payment from an insurance company that they don’t really deserve. People can try to use any type of insurance to commit fraud. Consumers can submit false claims on homeowner’s insurance, automobile insurance and medical insurance, to name just a few.

Even public insurance programs like medicaid and Medicare are subject to fraud. Insurance fraud costs honest consumers because it raises the premium rates for everyone. This is why courts take insurance fraud seriously.

Examples of insurance fraud

Fraud can occur on a homeowner’s insurance policy when a person commits arson. After the arson, they make a claim for the value of their home, even though the insurance policy excludes arson from their coverage. Another homeowner’s insurance fraud occurs when a person claims that a thief stole items when the items aren’t really stolen.

In automobile insurance, fraud can occur when a person claims that damage occurred in a crash when the damage really occurred at a different time. A person might also claim damages for physical injuries when the person didn’t really suffer the injuries in the automobile crash. A person might even claim that a crash occurred when it really didn’t even happen.

Types of insurance fraud

New York law aims to punish people more severely if their insurance fraud involves greater amounts of money as opposed to lesser amounts of money. For this reason, there are several different degrees of insurance fraud under New York law. You might face a charge of insurance fraud in the third degree if you attempt to cheat an insurance company out of more than $3,000 but less than $50,000.

Insurance fraud in the third degree

Insurance fraud in the third degree is a violation of New York penal code 176.20. It is a class D felony. A conviction can send you to up to seven years in prison. You also face a potential term of probation of up to five years. You have to pay restitution in the amount of the fraud.

All felony charges are serious, so it’s crucial that you speak with an NYC criminal attorney if you’re facing this type of charge. The attorneys at Spodek Law Group have years of experience defending clients from insurance fraud claims. An attorney can help you evaluate potential defenses. If it’s appropriate, they can help you approach the state’s attorney with your defenses. Your attorney might be able to get your charges dismissed before trial or help you reach a non-trial resolution that works for you.

Possible defenses

If you’re charged with insurance fraud in the third degree, the state has to be able to prove that you intended to cheat someone else. In some cases, the state might not be able to prove your intent. It’s possible that you didn’t plan to cheat the insurance company at all. You might have had honest misconceptions about a situation, or it might be a situation where reasonable minds can differ. Any misunderstanding of this nature can serve as a defense to the charges against you.

You can also attack the amount of the fraud. Although it might seem technical, insurance fraud is charged by degrees. It might be worth your while to argue that the alleged fraud didn’t amount to $3,000. Because it’s an element of the charge, the amount of the fraud is something that the state has to prove. If the state can’t prove the amount, it can serve as a viable defense to the charges.


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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