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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 265.09: Criminal use of a firearm in the first degree

Using a gun in the process of committing a crime in New York will push the offense into the State’s mandatory minimum sentencing laws. These are extremely serious felony charges with harsh sentences. Both law enforcement and the court system take these crimes extremely seriously and are not inclined to be lenient with anyone who breaks this code. It is important to clearly understand the terms used and exactly what this code states about criminal use of a firearm in the first degree.

What New York penal code 265.09 States
This code states that a person is guilty of committing an offense against penal code 265.09 if that person knowingly possesses a loaded firearm while committing any class B violent felony offense or crime. Several aspects must be met for charges to be filed. The person must know that they have a loaded firearm in their possession. The firearm must be loaded and capable of firing a shot.

Class B violent felonies can include:
– assault, burglary, rape, or robbery all in the first degree
– criminal sale of a firearm in the first degree
– criminal possession of a weapon in the first degree
– manslaughter or aggravated manslaughter in the first degree

The following types of weapons are considered firearms in New York:
– pistols
– revolvers
– rifles
– shotguns
– assault weapons

An example of a violation of Penal Code 265.09
Suppose someone broke into another person’s home and attacked the person living there. They knew they had a loaded handgun in their pocket. They could be charged with criminal use of a firearm in the first degree even if they never used the gun or even pulled it out of their pocket.

Defenses
There are several different potential defenses against this charge. If someone placed a loaded gun in someone else’s possessions without them knowing, then this charge could potentially be dropped. If the weapon was not loaded or was an antique firearm (which is exempt), the charges would have to change. Finally, if a person is just carrying a loaded firearm but is not committing a crime, there could be other charges but criminal use is not one of them.

Minimum Sentences
This is one of the few crimes where conviction means a mandatory minimum amount of time in prison. Where judges normally have some discretion in the sentencing phase of a trial, this is not one of those times.. This is considered a class B violent felony. The mandatory minimum time in prison for someone who has been convicted is 5 years in state prison. In addition to prison time, they could also be forced to pay a substantial fine of double what their profit was or $5,000, whichever is larger. Finally, this certainly will not be the only charge. There could also be the criminal charge for the act itself, and a charge for possession of a firearm. The penalties will add up very quickly and a conviction could mean many years in prison.

Summary
Due to the very serious nature of this crime and the fact there are mandated minimum sentences involved, the first thing someone charged with this crime should do is hire a New York defense attorney that has experience with these types of cases. Never try to handle something this serious on your own. An experienced defense attorney will be able to look at all the details of your case and make sure you understand your legal rights as well as defend you by all possible means.

New York Penal Code 265.08: Criminal use of a firearm in the second degree

As per the New York Penal Code, it is illegal for a person to have a deadly weapon while committing another separate felony. Those who are caught with a weapon in such a circumstance are charged with criminal use of a firearm in the second degree. As a part of the statute, a prosecutor must prove that a person committed at least a class C violent felony, and that they were either in possession of a deadly weapon or used an object that resembled one during the commission of the violent act.

Example of Criminal Use of a Firearm in the Second Degree

If a person were to break into a house with the intent to rob it, and then was caught by the police with a loaded firearm in their pocket, then they could be charged with criminal use of a firearm in the second degree, separate from any other charges related to their break-in. It is important to note that the firearm does not need to be used or referred to during an illegal act for a prosecutor to still be able to seek charges. As long as there is evidence that a person had a firearm on their person while committing the act, then it is enough for the charges to be laid against them.

Defending Against Criminal Use of a Firearm in the Second Degree

Since criminal use of a firearm in the second degree hinges on the person holding either a loaded deadly weapon or an object that resembles a firearm, NYC criminal lawyers will seek to prove that the defendant had neither. If there is no proof that the item they were holding actually resembled a firearm, or that there was no firearm to begin with, then a prosecutor will not be able to effectively pursue these charges.

It is worth keeping in mind that the statute does provide additional details regarding what constitutes a “deadly weapon.” Under the New York penal code, this includes any loaded weapon that can potentially cause death or serious injury, knives, daggers, billy clubs, and metal knuckles, in addition to several other variants. As long as the items found on a person do not fall under any of these general categories, then they should be able to effectively counter these charges in court.

One of the central components of a criminal use of a firearm charge is that the person possessing the firearm had also committed a separate class C violent felony. If a person can successfully defend against other related charges in court, then they will also be protecting themselves from these charges.

Sentencing for Criminal Use of a Firearm in the Second Degree

Anyone found guilty of criminal use of a firearm in the second degree can be sentenced to up to 15 years in prison. Since the charge is considered a class C violent felony, and the charges hinges on a previous violent felony charge, the minimum prison sentence will be at least seven years. In addition, there is a good chance that a person released from prison will then be subjected to an extended period of post-release supervision.

Criminal use of a firearm in the second degree can have serious consequences, especially since it is legally considered to be a violent felony. It is for this reason that it’s highly recommended to seek out a lawyer for representation, as they can potentially get these charges dropped or reduced.


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

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.

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