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Bronx Robbery Lawyers
Understanding Robbery Penalties, Sentences, and Defenses
The role of the jury in criminal cases is to determine whether a defendant is guilty or innocent. The role of the judge is to pass out the sentence in case one is guilty. The criminal statutes that are applicable in that context and state inform the decision that the judge will make. One should get a criminal defense attorney as soon as they are charged because no defendant can claim to understand every charge conclusively.
Penalties and Sentences
These criminal statutes have a section that suggests the punishment depending on the crime. The punishment can include a range of years and the specified maximum and minimum sentences that the defendant will receive. The judge will take into account the age of the defendant and if they have a criminal record when deciding upon the punishment.
The law is specific on the minimum and a maximum term of imprisonment in New York. The judge has to select the penalty that is far from the range. The minimum term is one year in second-degree robbery cases while the maximum term is fifteen years.
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.
Other Penalties
Statutes usually specify other forms of punishment that are applicable in less serious cases. These include restitution, community service, and fines. One has the alternative of performing community service if they are unable to pay restitution.
The value of the stolen property and the level of violence used will be taken into account by the judge in a robbery case. The judge will also consider the nature of the victim because it will help them to understand more about the offender.
Robbery with violence will attract a serious charge because it is considered to be aggravated assault. The use of a weapon is not considered a separate crime in some jurisdictions. It influences the punishment. The presence of a weapon will lead to the lengthening of the sentence of the defendant.
Mitigating factors reduce the severity of the crime and the accompanying punishment. One could look at whether the defendant took responsibility for the crime and whether they returned the property that they stole. It can be considered to be a mitigating factor if the defendant has no prior record.
Defenses
Defendants in robbery cases have several options when mounting a defense.
Innocence
The burden is on the government to prove that the accused committed the crime beyond reasonable doubt in criminal trials. A robbery offense is a criminal case. The defendant has to make sure that this is not so. The defendant can do this by offering evidence that disproves the argument of the prosecution. They can also attack the evidence that the prosecution uses in the case. Alibis are very important in a robbery case because the basis of the case is in the presence of the accused at the scene of the crime. One can offer evidence showing that they were at some other place by providing witnesses. One can challenge video footage and eyewitness testimonies if they are not clear. The accused can be acquitted if the jury is doubtful of the argument proposed by the prosecution.
Duress
A complete defense to the robbery charges can be established if one shows that they were forced by another party to commit the crime. This could be because they were threatened with bodily harm or death. Proving this can be very difficult. It has been rejected many times by courts. This is if the fear of harm was minimal or if the defendant had an opportunity not to commit the crime without the risk of injury.
Entrapment
An entrapment defense can be used if someone pushed the defendant into committing the robbery. These defenses are very difficult to prove, but they are relevant. The responsibility of the defendant is to show that the victim instigated the robbery so that they could bring charges against them. This argument is rendered invalid if the defendant had any intent to commit the robbery. This is so even if other parties commit robbery so that they can doctor evidence against the accused.
Intoxication
Proof of intoxication is considered to be an affirmative defense when used on a robbery charge. Affirmative defense is where any one of the elements of the robbery cannot be proved.
Voluntary
A voluntary intoxication defense is only applicable in certain states. The charges will not be dropped, but one will be required to plead to a lesser charge. Robbery involves intent to steal someone’s property using violence. The court has to establish whether the defendant had the required intent to commit the crime if one is intoxicated. This is where affirmative defense applies because the intent cannot be determined conclusively. The defendant will be convicted on lesser charges if this is established because the threshold for intent is considerably low.
Involuntary
A defendant could be excused from criminal behavior if their intoxication was not a result of their actions. One has to show that they became intoxicated without their knowledge or they were forced into it.
