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New York Penal Law 125.20: Manslaughter in the first degree
Manslaughter in the first degree is a class B felony that might result in a prison sentence of up to 25 years in New York. There are additional fines that can prove financially debilitating to many if they are convicted of a crime of this nature made payable in conjunction to a prison sentence. Unlike murder, a person charged with manslaughter in the first degree does not intend to go out and harm another person with the intent of taking a life. It’s an accidental death caused by either recklessness or negligence, and passion can also be used as a distinguishing factor in a case such as this one.
Guilt of this nature is determined when a court of law proves one of the following:
– The defendant intended to harm someone, but did not intend to take their life
– A person commits an abortion on a woman further along in her pregnancy than 24 weeks and the mother dies as a result
– The emotional distress of a third person causes that person to die in relation to the act of killing another
– The defendant is older than 18 and intends to cause injury to someone younger than 11
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
A young man decides he is angry with the new boyfriend of his ex-girlfriend. He wants his girlfriend back, but she’s met someone new and wants nothing to do with him anymore. She’s broken up with him and decided to move on with her life, but he’s got other plans. He wants to impress her by beating up her new boyfriend to show off that he is stronger and more masculine than the new boyfriend. A fight ensues, and the ex-boyfriend punches the new boyfriend in the face.
His punch is so hard it causes the new boyfriend to fall down and hit his head on the corner of a table. The injury to his head causes him to suffer serious blood loss and brain injury, and he dies as a result of the injury he sustained. The old boyfriend had no intention of killing the new one, he just wanted to beat him up and show him who is stronger. This is an example of manslaughter by the first degree. The man did not intend to kill the other man, but he did intend to cause bodily harm.
Defenses
A NYC criminal lawyer has the job of defending your lack of intent to take another person’s life when dealing with manslaughter in the first degree. The job of the attorney you hire is to prove you did not intend to take a life as well as harm someone to the point it was an option. The defense you must use is you did not intend to cause someone some much harm their risk of death increased, their bodily organs were harmed, or the injuries they sustained were more than superficial.
If this can be proved, a court of law cannot find your guilty of manslaughter in the first degree. For example, if you push someone who gets too close to you in an argument because they are in your personal space and you are fearful they will harm you, you didn’t intend to harm them badly or kill them. This could be a good ground for your defense. If you can prove you were acting in self-defense when another person harmed you first, or that you were merely protecting yourself or another person when you injured or killed another, you great increase your chance of being found not guilty.
New York Penal Law 125.15: Manslaughter in the second degree
Causing death to another person is a serious offense, and it’s one that’s made more complex with New York laws. Manslaughter in the second degree is the act of taking another person’s life, but it’s not necessarily the act of doing so with intent. When a person is accused of killing another person under this penal code, it might mean they did so without the intent. If it’s intentional, it’s murder. If it’s unintentional, it’s still death. It’s typically a situation that involves some sort of negligence, recklessness, or even a moment of serious passion. When someone dies because of poor decisions, it’s manslaughter.
In New York, this is considered a class C felony. The prison sentence for this kind of criminal act is up to 15 years per count. If a person causes unintentional death to three people and is found guilty of all three deaths, this person might be sentenced as long as 45-years in prison if the maximum sentence is issued. A NYC criminal lawyer must be able to prove the person who caused the accident or incident in which people were killed was not to blame for the instance, and he must use one of the acceptable defenses found in this type of felony case. It’s not always easy because the law is so complex.
Examples of Manslaughter in the Second Degree
There are endless examples of someone who intends to go out and murder someone for the sake of taking their life, and there are those who don’t intend to cause harm or death to someone else. An excellent example of manslaughter in the second degree is a person who is racing home from work driving over the speed limit, weaving in and out of traffic, and blowing through red lights and stop signs without slowing all the way day because he or she is late.
If that person accidentally hits another car or pedestrian and someone else is killed, it’s manslaughter in the second degree. The driver of the car didn’t intend for anyone to become injured or even killed, but it happened. He or she was driving recklessly and negligently ignoring the law, but he or she did not intend for someone’s death to occur as a result of their actions. The same goes for someone who is driving under the influence, someone who shoots an intruder to stop them from breaking into their home, or someone who does anything without the intent of taking the life of another person.
Defenses
It’s not easy to defend yourself when your actions caused the death of someone else. However, if you can prove that you were unable to cause someone’s death by reckless or negligent behavior because your actions were neither, you can defend your case. There might be a point when you realize the brakes on your car failed as you tried to stop before hitting another vehicle. You were neither reckless or negligent, but you did cause someone’s death.
There are instances in which a manslaughter in the second degree case is overturned and no one is found guilty. While the act of taking another person’s life by accident is punishable by law, it’s not always an easy case to prove. Even if the person who died took his or her own life, another person can be accused of manslaughter in the second degree if he or she was intentionally rude, hateful, or encouraging of this behavior. It happens more than many people care to admit, and it’s not something everyone is sent to prison for with the right defense.
