Criminal Defense Lawyers

Getting arrested is scary – there’s no doubt about that. You’re feeling overwhelmed, and you’re unsure of what comes next. No one knows what will happen next. At junctions like this, it’s important to hire an criminal defense law firm. Our criminal defense attorneys are here to walk you through the process, and potential outcomes. First thing’s first – the prosecutors will decide whether to pursue charges or not. If they do press charges, you’ll be arraigned before a judge who’ll set bail conditions and determine your next court date. From there, it’s a game of chess. Our criminal defense attorneys start building a capable defense strategy – tailored to your situation. We’ll look at all possible outcomes, and fight to get you the best one. There are many potential outcomes of a criminal case, it’s crucial to remember every case is different, and that’s where having the most capable criminal lawyer matters.

Dismissal: Our goal is to poke enough holes in the prosecution’s case to get the charges dismissed entirely. Getting charges dismissed means the case against you is dropped. There’s no criminal record, no penalties.

Plea Bargain: In some cases, the best move is negotiating a deal with reduced charges and reduced sentences. We are very capable of getting great plea bargain deal. We know how to leverage the facts in your favor.

Not Guilty Verdict: If we take your case to trial, we’ll make the strongest argument possible for your innocence. Our goal is to find the evidence that allows us to create the strongest possible defense strategy, so you can walk away without a criminal record.

Common Criminal Charges in NYC

NYC has a wide array of criminal charges that are possible. Some of the most common cases we handle involve, but not are limited to:

• Drug crimes like possession, trafficking, etc.
• Violent crimes such as assault, robbery, homicide
• Sex crimes like rape, sexual abuse, child pornography
• White collar crimes e.g. fraud, embezzlement, money laundering
• Weapons charges
• DUI/DWI
• Theft crimes like burglary, larceny

The charges, and potential penalties, vary drastically based on the circumstances of your case. It’s because of this, it’s crucial you hire the most skilled  NYC criminal defense lawyer.  We know how to fight the charges you’re facing, and get you a positive outcome.

Factors That Influence Case Outcomes | Criminal Lawyers NYC

There’s no magic formula. There are certain factors can tilt the scales in your favor:

• Prior Criminal Record – First-time offenders usually are offered more leniency than repeat offenders. It means the court might be more lenient.
• Evidence & Facts – Holes in the evidence make it easier to get charges reduced, or dismissed. It means a better outcome for you.
• Mitigating Circumstances – Things like self-defense, lack of criminal intent, or entrapment can lessen the charges.
• Your Criminal Defense Lawyer – Having an aggressive, experienced NYC criminal defense attorney makes all the  difference. 
• Plea Bargaining Skills – Our NYC criminal attorneys ability to negotiate a favorable plea deal can help you avoid harsher penalties.

At the end of the day, the outcome of your criminal defense case depends on presenting the facts in the most positive light possible. 

Potential Penalties for Criminal Convictions in NYC

If you are convicted of a crime in NYC, the penalties can include, but are not limited to:

• Jail/Prison Time – Felonies usually carry prison sentences from 1 year to life; whereas misdemeanors can result in jail time up to 1 year.
• Financial Fines – Monetary fines can range from hundreds of dollars, to millions of dollars depending on the offense you committed.
• Probation – You could be sentenced to probation with strict guidelines, instead of incarceration.
• Community Service – Courts sometimes will order unpaid community service as part of the sentence.
• Restitution – You may have to pay money to victims to compensate for losses/damages you caused.

The severity of the crime, will impact the severity of the punishment. The severity of the punishment also depends on factors like your criminal history, and the specific crime – whether it was a felony, misdemeanor, or violation. Our skilled NYC criminal defense team explores every possible avenue to minimize the penalties you face. We know all the legal loopholes and leverage mitigating factors in your favor.

Consequences of a Conviction

Beyond the direct penalties, a criminal conviction can also bring “collateral consequences” which can impact your life in many ways:

• Employment Issues – It could be extremely difficult to find a job in the future, with background checks. 
• Housing Problems – You may face eviction, be ineligible for public housing, or have trouble renting.
• Immigration Consequences – Non-citizens can face deportation, be denied citizenship, or have their immigration status revoked.
• Loss of Rights – You may lose the right to vote, own firearms, receive government benefits, and more. This is serious.

Our criminal lawyers fight relentlessly to avoid these devastating consequences. We understand your future, freedom, and quality of life are all at stake.

Why Hire a Top NYC Criminal Defense Lawyer?

Hiring a private criminal defense attorney at Spodek Law Group is an investment into your future. Having the best possible legal representation is important when you’re facing criminal charges. Our skilled NYC criminal lawyers do more than just show up in court. We thoroughly investigate the facts, we create a defense strategy tailored to your situation, and more importantly we our relationships with prosecutors and judges. Our founding partner Todd Spodek has represented high-profile cases covered by major media outlets like the New York Times, NY Daily News, USA Today, and more. We’ve handled high-stakes cases involving allegations like stalking Alec Baldwin, Anna Delvey conning wealthy NYC elites, and juror misconduct in the Ghislaine Maxwell trial.

Beating Criminal Charges in NYC

Many people get charged in NYC, but that doesn’t mean you have to be convicted. It’s possible to beat criminal charges in NYC. Maybe it was a misunderstanding, maybe you really did mess up – either way, you need a solid defense strategy to avoid conviction. Our NY criminal lawyers have seen it all. From drug possession to violent felonies, we know how to fight charges, and most importantly – win cases. That means getting charges dropped, going to trial, and everything in between. 

Lack of Evidence

One of the simplest, and most effective defenses is lack of evidence. Prosecutors who are prosecuting your case, have to prove guilt beyond a reasonable doubt. If they don’t have rock solid evidence tying you to the crime, our attorneys can argue for a dismissal of the charges. This defense works best for crimes without much physical proof, like drug possession or theft cases. But, even for violent crimes, if the evidence is circumstantial or there are holes in the prosecution’s case – we can exploit that and get the charges dropped. Our goal is to get you vindicated.

Mistaken Identity

Sometimes the wrong person gets accused of a crime they didn’t commit. This happens more than people would like to believe. Eyewitness misidentification is common, especially when there are factors like poor lighting, stressful situations, or cross-racial identifications. Our criminal lawyers know how to cross-examine witnesses and challenge procedures used by law enforcement agents. Our goal is to poke holes in the prosecutors case. We look at things like:

• How long did the witness see the perpetrator?
• Were there any biasing instructions given during the ID process?
• Is there a history of misidentifications by this witness?

If we can cast reasonable doubt on the witnesses’ perspective, it can lead to charges being dropped or an acquittal at trial.

Self-Defense

In some criminal cases, even though someone is accused of assault or even homicide – if it was simply defending themselves or others from harm, then this is self-defense. Self-defense is an affirmative defense in New York – meaning if we can prove you reasonably believed force was necessary to avoid injury or death, you can’t be convicted – or at the very least, it’s significantly harder to convict you. The key elements we need to establish:

• You feared imminent physical harm
• You used no more force than was required
• You were not the aggressor

Even if you struck first, if the other party escalated the confrontation to deadly levels, we could still put forth a valid self-defense claim. 

Insanity Defense

For serious violent crimes, we can argue that you should not be held responsible due to a mental disease. The insanity defense is extremely difficult to prove in New York; but in some situations it’s the only option. To move forward with an insanity plea, we have that at the time of the crime, you were unable to know – or understand the nature of your conduct, and the consequences of your conduct, or that it was wrong. This requires an extensive psychological evaluation and expert testimony.While this defense is rarely used, the insanity defense has helped some defendants avoid harsh prison sentences.

Entrapment

If you were induced, or persuaded, by law enforcement to commit a crime you otherwise wouldn’t do, you may have been entrapped. Entrapment is a very really defense in New York.

To prove entrapment, we must establish that:

1. The idea for committing the crime came from law enforcement
2. You were not going to commit the crime before being approached by law enforcement

Entrapment often comes up in sting operations, where the government is targeting things like drug sales, prostitution, or bribery. Our criminal defense attorneys in NY know how to gather evidence of entrapment, and present it to win your case.

Illegal Search & Seizure

The 4th Amendment is a very important amendment – it protects against unreasonable searches and seizures by the government. If law enforcement agents violated your rights by conducting an illegal search – any evidence obtained could be inadmissible. Some examples of illegal searches:

• Searching your home or belongings without a valid warrant
• Stopping and frisking you without reasonable suspicion

Motions to suppress evidence are very important and effective. Often – without that evidence, the prosecutor’s case often falls apart.

Coerced Confessions

For many criminal cases, the prosecution’s most powerful evidence is a defendant’s confession. But, if that confession was unlawfully attained through threats, force, or other intimidation tactics, it can be inadmissible in court – and as a result, weaken the prosecutors case. Factors that can lead to a coerced confession include, but are not limited to:

• Lengthy interrogations without food/water/restroom breaks
• Lies about the strength of evidence 
• Promises of leniency or threats of harsher treatment

Statute of Limitations

In New York, there’s a legally amount of time for prosecuting crimes, known as the statute of limitations. If prosecutors fail to file charges before this deadline, we can get the case thrown out. The limitations vary based on the crime:

• Misdemeanors: 2 years
• Felonies: 5-6 years
• Certain serious felonies: No statute of limitations

For crimes that involve fraud, or misconduct, against the government, the statute of limitations can be extended. But in general, if too much time has passed, the case can’t keep moving forward.

Lack of Criminal Intent

For many crimes, the prosecution has to prove that you acted purposefully or knowingly – in other words, that you had criminal intent. If we can show you lacked that criminal intent, it could remove criminal liability from the conversation. Some examples where lack of intent can apply:

• You took property, but believed you had the right to do so
• You possessed drugs, but didn’t know they were illegal
• You made a threat, but didn’t intend to carry it out

Duress or Necessity

In extreme situations, a person might have committed a crime because they were under unlawful force, or threat of harm, or because there was no reasonable alternative to avoid injury or death. For example, if a parent breaks into a pharmacy because it’s the only way to get life-saving medication for their deathly ill child, the necessity of the situation could excuse the crime – or significantly diminish the criminal nature of the alleged crime.

Alibi Defense

One of the best defenses is simply proving you were somewhere else when the crime happened. An alibi, supported by credible witnesses, receipts, or other evidence, can create reasonable doubt and weaken the prosecutors case. Our investigators will work hard to corroborate your alibi, and undermine the prosecution’s arguments. 

Plea Bargains

For some charges, the best path forward may be negotiating a plea bargain – where you plead guilty to a lesser charge in exchange for a more lenient criminal sentence. About 90% of criminal cases end in plea bargains rather than trials. Our skilled criminal defense attorneys know how to leverage defenses to get charges reduced, or dismissed entirely. Our criminal defense attorneys work extremely hard to fight hard to get you the best possible deal that minimizes fines, jail time, and collateral consequences. 

FAQs on Criminal Defenses

What if I’m wrongly accused?

Being falsely accused of a crime is a nightmare – there’s no two ways about it. This legal incident happens more often than you’d think, especially with major crimes like assault, theft, or drug possession. If you’re innocent, don’t panic and do something rashly, this is a mistake. Immediately, you need to hire an experienced criminal defense lawyer. The Spodek Law Group’s attorneys know how to gather evidence – which proves  your innocence and cast doubt on the prosecution’s case.

Common defenses if you’re wrongly accused include:

• Mistaken identity
• Lack of evidence
• Coerced false confession
• Alibi defense

Our criminal attorneys in NY will thoroughly investigate what happened, and more importantly develop a strategy to get the charges dropped or obtain a “not guilty” verdict at trial.

Can my criminal charges be reduced or dismissed?

Absolutely. Getting charges completely dismissed is the ideal outcome we walk into every situation with. Reducing charges is the next best thing afterwards. Spodek Law Group’s criminal lawyers are skilled negotiators – we can often get charges reduced down to a less serious offense.

Some examples of potential charge reductions:

• Felony assault -> misdemeanor assault
• Drug possession with intent to distribute -> simple possession
• Robbery -> petty theft

Reducing charges usually result in lower potential jail time, and they keeps serious convictions off your record. 

What if I did commit the crime?

Even if you’re guilty, you still have defenses and rights which MUST be protected. Depending on the circumstances of the crime, we can argue for reduced charges, a lighter sentence, or an acquittal. .

Potential defenses for guilty defendants:

• Lack of criminal intent
• Self-defense
• Insanity
• Entrapment
• Illegal search/seizure
• Statute of limitations

We can also negotiate a plea bargain – in order to minimize the consequences of the crimes committed. Our one, and only, goal is the best resolution possible while advising you of all your options.

How much does a criminal defense lawyer cost?

Fees for criminal cases can vary widely. Below are some factors that might influence the overall cost, such as:

• The severity of charges
• Complexity of the case
• The lawyer’s experience level
• Whether it goes to trial or resolves in a plea