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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.

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New York Penal Law %c2%a7 135 05 Unlawful Imprisonment Second Degree

By Spodek Law Group | July 17, 2023
(Last Updated On: October 11, 2023)

Last Updated on: 11th October 2023, 06:38 pm

Understanding the Seriousness of Unlawful Imprisonment Charges in New York

I know tensions are running high, but we need to talk this out respectfully. Holding someone against their will out of anger just makes the situation worse…take a few deep breaths and let’s figure this out. I understand you felt cornered, but there are always better solutions than violence when hearts and minds meet. This pain is temporary, but a criminal charge can follow you for life if we don’t handle it right.

You’re going to need wise guidance from someone familiar with New York’s unlawful imprisonment laws and their real-world consequences. I know a seasoned NYC defense attorney named Todd Spodek who can help – he’ll treat you like a whole person deserving of redemption, not just another “perp.” Working together, I’m confident we can get through this.

But first, you should understand the unlawful imprisonment charges you’re facing under NY Penal Law § 135.05. Knowledge is power when combating injustice. Here’s what you need to know:

Unlawful Imprisonment Elements and Penalties

Under Penal Law § 135.05, a person is guilty of second-degree unlawful imprisonment when they restrain another person. Restraint means restricting movements or confining someone in a place without authority or justification. Important factors include use of force or intimidation, length of confinement, and risk of harm.

The key distinction from kidnapping is the confinement lasts under 12 hours and occurs in a single location. But don’t let the “second degree” label fool you – unlawful imprisonment is still a class A misdemeanor with up to a year in jail. For immigrant populations, even minor convictions can also mean deportation. The risks are real.

Typical scenarios include barricading someone in a room against their will, binding limbs together, holding someone down, or threatening harm if they attempt leaving. Psychological coercion also qualifies. The key is overcoming someone’s free will, even briefly – consent is irrelevant.

But context matters. Doing this in a domestic dispute, during a robbery, or due to mental illness casts different lights on culpability. An experienced attorney knows how to add nuance when the law deals in absolutes.

Crafting a Forward-Looking Defense

Given the severe immigration and incarceration consequences, defending unlawful imprisonment allegations requires a holistic approach. Just proving legal innocence misses the deeper story. Fortunately, Todd Spodek understands unlawful imprisonment often stems from treatable behavioral health issues.

For example, Spodek Law Group will build a timeline showcasing events precipitating the incident to highlight root causes like trauma, addiction, or untreated disorders. This forces prosecutors to view the allegations through a rehabilitation rather than punitive lens.

Next, Mr. Spodek develops a forward-looking defense focused on voluntary counseling and community service rather than imprisonment. His relationships with mental health professionals, anger management counselors, and peer support groups facilitate this.

Finally, Todd excels at highlighting collateral consequences when negotiating pleas. The goal is securing probation or transitional housing instead of incarceration. He knows unlawful imprisonment pleas can have catastrophic effects on immigrant, student, and professional populations. Avoiding conviction altogether remains paramount.

Thanks to his holistic approach, Todd consistently obtains dismissals and favorable pleas in unlawful imprisonment cases where counterparts falter. Don’t wait – call Spodek Law Group immediately following allegations for urgent legal advice.

When Freedom Hangs in the Balance, You Need an Ally in Your Corner

I won’t minimize what happened – trauma lingers when trust is broken. But I also won’t give up on the belief that redemption remains possible when we approach each other with open minds and hearts. Wise counsel from someone who sees your humanity beneath the charges will determine what happens next. I promise you’re not alone.

With his compassion and mastery of New York criminal law, Todd Spodek can guide us through the chaos compassionately. Honest reflection coupled with fierce advocacy gives me hope. When you’re ready, let’s talk to him together – a just outcome that avoids further harm remains within reach. I believe in you.

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I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me, and my company Qumana skincare feel comfortable and confident that the team was going to work hard for me. Everything...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

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