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NYC Criminal Negligence Lawyers
Understanding Criminal Negligence
Criminal negligence occurs when someone fails to use reasonable care to avoid causing or threatening harm to another person. In order for someone to be guilty of criminal negligence, they must know that their actions could lead to injury or death.
Intentional Conduct vs. Recklessness
Most crimes involve what is known as intentional conduct. If you punch someone, you intend to cause them harm which can lead to an assault charge. Just raising your arm but not striking them is an unintentional use of force but cannot be considered assault. The problem is that severe injury and death can occur even when the actions that led to the injury or death were not intentional. In those cases, the terms used are reckless or negligent. Recklessness would be someone who understands what they are doing is risky, but they choose to do so anyway. One example would be drag racing on a highway in which someone in another car is struck and killed. The intent was not to kill someone, but the actions that led to their death were reckless.
Intentional Conduct vs. Negligence
Although more commonly used in civil cases, negligence can be used in criminal cases as well. Courts often make a distinction between negligence and recklessness, indicating that someone who is reckless knew what they were doing was dangerous while someone who is negligent should have known the dangers. Someone texting and driving who rear-ends someone, causing severe injury, may be considered negligent rather than reckless. For this reason, someone charged with criminal negligence may actually have been reckless, but the outcome was the same.
Reasonable Person Standard
One aspect of criminal negligence laws is what is known as the “reasonable person standard.” Under this standard, the person charged must have acted in a way that a reasonable person would not have acted and must have known, as any reasonable person would, that what they did could cause harm. For example, driving while intoxicated is something any reasonable person understands could lead to death or injury. Therefore, a person driving under the influence who causes an accident that leads to death or injury can be charged with criminal negligence because they should have known, under the reasonable person standard, that an accident was a possibility.
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.
Mental State
It is possible that someone charged with criminal negligence could use their mental state as a defense. If the person has a mental or physical disability that would prevent them from seeing how their actions could lead to serious consequences, the court may determine that they are not guilty of criminal negligence. The law still requires people to exercise due diligence before engaging in certain activities, even if there is a mental or physical disability, but if the person can demonstrate that their disability prevented them from understanding the consequences of their actions, they may have an adequate defense against criminal negligence.
Precautions Taken
In some instances, it is possible to avoid criminal negligence charges if it can be proven that precautions were taken to prevent the injury or death. For example, if a parachutist dies because a parachute did not open, the person responsible for the maintenance of the parachute may not be held liable if they can demonstrate that the equipment had been inspected, lessons were given and that the person who died was well aware of the risks they were taking.
Criminal negligent homicide in New York is a Class E felony, A conviction could mean up to four years in jail and a substantial fine. If you or a loved one is facing charges of criminal negligence, contact our office today to see how we can help. You can arrange for an initial consultation by calling or reaching us online.
