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We are an elite criminal defense law firm, that emphasizes providing the best service and professionalism to all clients. We service a curated clientele nationwide – that expect the best from their lawyer. We handle tough criminal defense and legal situations that require deep knowledge, experience, dedication, and excellence in order to win. We have over 50 years of combined experience, handling national and international cases.

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We 100's of 5 star reviews, and have been featured in the media. We are a premier law firm who understands how to win cases.

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Top Rated Attorneys

The Spodek Law Group is one of the most successful law firms in the USA. Our success comes from the fact we are attentive to details, and take a very pragmatic approach to each and every single case. Our clients turn to us for realistic advice – so they can make the appropriate decisions they need to make personally. Our goal is to make sure your case ends in a positive outcome, not only personally – but for your family as well.


Staten Island Rape Lawyers

New York state law classifies rape in three categories, according to the New York Penal Code. Rape represents one of the most serious types of crimes for which a person can be prosecuted. As a consequence, a person charged with rape needs to understand the general elements of applicable law, needs to understand legal rights and must appreciate the importance of retaining a skilled, experienced Staten Island rape lawyer.

Definition of Rape

New York state law defines rape as non-consensual sexual intercourse perpetrated on an alleged victim by force, coercion, threat of physical force or other type of duress. Pursuant to New York rape statutes, sexual intercourse has its ordinary meaning, and occurs no matter how light the penetration may be in a particular case. Rape has been a crime for centuries, although the penalties have evolved over time, along with who and when a person can be charged with the crime, according to Cornell Law School.

Degrees of Rape

First degree rape in New York is defined as sexual intercourse perpetrated by force. In addition, a person can be charged with first degree rape if the alleged victim is less than 11 years of age or if the alleged victim is less than 13 years of age and the alleged perpetrator is 18 years of age or older.

Second degree rape is defined as sexual intercourse with a person incapable of consenting because of being mentally disabled or incapacitated. Second degree can also be charged if the alleged victim is under the age of 15 and the alleged perpetrator is over the age of 18.

Finally, third degree rape is defined as sexual intercourse with a person incapable of consent for some reason other than being under the age of 17. A person can be charged with third degree rape if he is over the age of 21 and the alleged victim is less than 17 years of age.

Statutory rape is another derivation of the crime. Statutory rape is sexual intercourse with a person under the age of 17. The law in New York presumes that a person under the age of 17 legally is incapable of consenting to sexual intercourse.

First degree rape is a Class B felony and second degree rape is a Class D felony. Third degree rape is a Class E felony.

Penalties for Rape

A conviction for first degree can result in a prison term of five to 15 years, and a possible fine of up to $5,000. Second degree rape can result in a sentence of one to seven years in prison and a fine of up to $5,000. Finally, a conviction of third degree rape can result in a prison sentence of up to four years and a $5,000 fine.

In the aftermath of a rape conviction, a person will be required to submit to the sex offender registry in the state of New York. The registry requirement can continue to the remainder of a person’s lifetime after a rape conviction.

A person convicted of rape will also likely be required to obtain counseling or treatment of some nature. This determination can be made on a case-by-case basis.

Defenses for Rape

There are a number of defenses that are used in rape cases. One common defense in a rape case is that the alleged victim consented to engaging in sexual intercourse with the purported perpetrator. The defense of consent oftentimes arises in a so-called “date rape” case.

A defense to certain rape charges is a contention that the alleged perpetrator did not know of an incapacity suffered by the alleged victim. For example, the alleged perpetrator was reasonably unaware that the alleged victim had a mental disease or defect.

Another defense utilized in rape cases involves a contention that someone else committed the crime. A defense attorney will contend that his or her client is wrongly identified as the perpetrator of the crime charged. This most commonly is called an insanity defense.

In some limited instances, a defense in a rape case is the contention that the alleged perpetrator suffers from a mental illness. Even if a person suffers from a mental illness does not mean that the condition rises to the level of legal insanity. An experienced Staten Island rape attorney can ascertain the appropriateness of an insanity defense.

Engage Experienced Staten Island Rape Lawyers

The first step in hiring a Staten Island rape lawyer is scheduling what commonly is referred to as an initial consultation. An initial consultation allows a person charged with rape the ability to obtain an evaluation of the case from legal counsel. In addition, the person charged with rape is able to get answers to questions about the case. There typically is no attorney fee charged for an initial consultation with Staten Island rape lawyers.

What is Rape or Sexual Battery?

When an individual is raped or sexually battered, they may experience low self-esteem, fear, anger and depression. The criminal changes a victim’s life for any number of reasons. Here, we discuss rape and sexual battery and the difference between the two.

Sexual battery

Sexual battery means touching a victim in inappropriate areas without their consent for sexual arousal but not having penetration. For example, if a person touches another’s buttocks or fondles their breasts for sexual arousal without that person’s consent, this is considered sexual battery.


Rape is defined as an individual forcing another to engage in sexual intercourse or any type of sexual act that involves penetration without their consent. An example of this is a man breaking into a home and forcing a woman to have sex against her will. A criminal may use a weapon to engage in this activity, or they may threaten the victim by stating they will harm them or their family if they don’t perform what is requested.

Fraud is another way criminals rape victims. For instance, a therapist might tell her client sex is therapeutic, and they require it to recover.

Misdemeanors or felonies

Sexual battery is generally considered to be a misdemeanor. There are some cases, however, that change that charge to a felony. Some reasons sexual battery is considered a felony are:

Sexual contact with a child
Sexual contact with an unconscious person
Contact where skin is on skin with no clothing.

In some states, if a minor is a certain age, the criminal must be older than the victim by a certain number of years for the act to be considered a crime.

In many states, a person who is of authority over others can receive criminal charges for engaging in sexual acts with a person under their authority. For instance, if a prison guard has sex with one of the prisoners, this can be considered a crime even if the victim consents. The reason for this is people under authority of guards, police officers and other authoritative figures may be incapable of knowing voluntary consent because they may fear saying no.

Defendant’s reasoning

Defendant’s generally plead not-guilty to either of these crimes. In many cases, they may not be guilty, but that will be decided in a court of law. One defense they may use is that they weren’t actually the criminal, and that someone else performed the act. Claiming to not be of right mind is another one that is used often. One of the most widely used defenses in criminal courts is that the sexual act was consensual, meaning the victim gave their consent.

Legal ramifications

Legal ramifications, or consequences, for sexual battery or rape can vary from state to state. Because sexual battery is considered a less serious offense, it carries a lighter sentence. The defendant may receive jail time of up to one year. He may not receive jail time but be put on probation, or he may receive a combination of the two.

For rape, a defendant will usually receive jail time for years. This depends on which state the crime is committed in. Besides the jail sentence for rape or sexual battery, the defendant may be required to undergo some type of therapeutic treatment either in or out of jail. They are also required to register in the state they reside in as a sexual offender. This means he has to list his name, address and information about the crime he committed and file it with the state registry. The public is able to come by and view at least some if not all of his information so they know where sexual offenders are in their area.


If you have been accused of sexual battery or rape, your future hangs in the balance, and you need an experienced criminal attorney on your side. Depending on the state you live in, you may spend many years in prison if you are convicted. Give us a call, and let us review your case because your life is worth it.

Charle Butler
Charle Butler
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
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
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
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
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
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.
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
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!



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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"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
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