Spodek Law Group handles tough cases
nationwide, that demand excellence.
Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
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.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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.
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.
So far we’ve looked at crimes such as larceny, healthcare fraud, bribery, and others in an attempt to peel back the layers of the New York penal law. In this post, we’re going to continue that exploration, this time with crimes involving perjury and false statements. But first, we’re going to need some definitions before we get started.
Now that we’ve gotten the definitions, let’s look at the charges. For perjury in the third degree, someone is guilty when they swear falsely. This charge is a class A misdemeanor.
For this charge you’re guilty if you swear falsely and your false statement is made in a written instrument that requires an oath by law, and if it’s made with the intent to mislead a public servant, and it’s material to the action. This charge is a class E felony.
You’re guilty of this last charge when you swear falsely and your false statement consists of testimony and is material to the action. Perjury in the first degree is a class D felony.
When someone makes two statements under oath that are inconsistent enough that one isn’t true, and the circumstances are such that every statement was made in the jurisdiction of New York and in the period of the statute of limitations for the crime, the inability of people to establish which statement is false doesn’t preclude a prosecution for perjury, and the prosecution can be carried out like this: the indictment can set forth the two statements and charge that one is false and perjurious. Also, the falsity of one or the other can be established by proof, or else a showing of their inconsistency. The actual highest degree of perjury that the defendant can be convicted of is determined by assuming both statements are false. If perjury of the same level would be established by making each statement, the defendant can be convicted of that degree at the most. If perjury of different degrees would be established by making the two statements, the defendant can be convicted of the lesser degree at most.
It’s important to note that it is considered an affirmative defense that the defendant retracted his false statement while in the proceeding, before the false statement affected the proceeding, and before it was clear that its falsity was exposed.
It can’t be used as defense of perjury that the defendant wasn’t competent to make the false statement, or the defendant mistakenly believed that false statement was immaterial, or the oath was taken in a strange way, or that the authority of the attesting officer was defective, if the defect was excusable under any statute of the law.
Now we get into making an apparently sworn false statement in the second degree. You’re guilty of this charge when you subscribe a written instrument knowing that it has a false statement and which you don’t believe is true, and when you intend that this instrument will be uttered with a jurat affixed to it. This crime is charged as a class A misdemeanor.
You’re guilty of this charge if you commit the preceding crime and the written instrument involved requires an oath, and the false statement is made to mislead a public servant, and the false statement is material to the action. This charge is a class E felony.
You’re guilty of making a punishable false written statement when you knowingly make a false statement which you don’t think is true in a written instrument that bears a legally authorized form notice to the effect that false statements are in fact punishable. This crime is considered a class A misdemeanor.
Now in any prosecution for perjury, falsity of a statement can’t be established by the uncorroborated testimony of one witness.
Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.