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When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.
Bronx Rape Defense Lawyers
According to New York law, rape is defined as non-consensual sexual intercourse committed against another individual through the use of physical force or because the alleged victim is under some other type of duress or incapacity. The consequences of being convicted of rape are serious, and can extend over the course of an offender’s lifetime.
The Three Degrees of Rape Pursuant to New York Law
New York state statutes establish three degrees of rape. Third degree is defined as engaging in sexual intercourse with another person who is not capable of consenting because of some factor other than being under the age of 17. Consent to sexual intercourse is not possible because the person is incapacitated in some manner.
Second degree rape in New York is defined as engaging in sexual intercourse with a person who is less than 15 years of age, and the perpetrator is 18 years of age or older. The person under the age of 15 years of age is incapable of consenting to sexual intercourse because of mentally disabled or is mentally incapacitated.
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.
First degree rape involves engaging in sexual intercourse with another through the use of physical force or the threat of immediate death, physical injury or kidnapping. This is the most serious type of rape charge in the state of New York.
Statutory Rape in New York
In addition to the three degrees of rape, a person in New York can be charged with statutory rape in certain situations. Statutory rape is sexual intercourse with a person less than 17 years of age. According to New York law, a person under the age of 17 is not capable of legally consenting to engaging in sexual intercourse.
Penalties for Rape in New York
Third degree is a Class E felony. If convicted of third degree rape, a person faces a term of incarceration of up to four years and a maximum of $5,000 in fines.
Second degree rape is a Class D felony. A second degree rape conviction can result in a prison sentence of one to seven years, and up to $5,000 in fines.
Finally, a conviction of first degree rape can result in a prison sentence of five to 25 years, and a fine of up to $5,000. First degree rape is a Class B felony.
Upon conviction for rape, a person will be required to register on the sex offender register. The failure to register, or keep a registration current, can result in an additional criminal charge.
Defenses for Rape
One defense in a rape case is lack of knowledge of an alleged victim’s inability to consent to sexual intercourse. The lack of knowledge centers on the alleged victim’s inability to consent because of a mental disability or incapacitation.
Another defense is that the defendant was less than four years older than the victim in the case of a second degree rape charge. A defense to rape is that the alleged perpetrator is the spouse of the alleged victim. This defense can be raised when the alleged victim was deemed incapable of consenting because of age, mental health or other specified restriction.
A person charge with rape can defend the case by contending that he is not the perpetrator, that someone else is responsible for the crime. This type of defense is possible in situations in which there is a lack of physical evidence to support sexual contact between the defendant and the alleged victim.
A fairly commonly utilized defense in certain rape cases is that the alleged victim voluntarily consented to engage in sexual intercourse. This is one of the most commonly utilized defenses in a New York rape case. This type of defense commonly arises in what the media, and some members of the public, refer to as a “date rape” case. This is a rape case that arises out of interaction between two individuals that know each other, at least to some degree.
A defense strategy in a good many rape cases is striving to obtain a plea agreement with the prosecution. The objective in this strategy is to seek an agreement with the prosecutor to reduce the charges upon a plea. Associated with this element of a resolution of a case is an agreement to a certain sentence to be proposed to the court.
What commonly is referred to as an insanity defense may be possible in a rare number of rape cases. This is complicated, challenging defense to mount and is not commonly used.
The first step in hiring Bronx rape attorneys is to arrange for what is known as an initial consultation. Through an initial consultation, a person charged with rape can obtain an overall evaluation of his case. This includes a consideration of possible defenses that might be mounted in a case. There usually is not attorney fee charged for an initial consultation with a Bronx rape lawyer.
