Staten Island Murder Defense Lawyers
Understanding Murder Charges and Defenses in Staten Island, New York
Types of Murder and Punishments
Murder is the killing of another person, and it’s illegal in Staten Island. It’s also illegal across the world, and it’s not something people can commit without going to jail. It’s one of the worst criminal offenses imaginable, and it’s not one that comes with a fine or a light sentence. Murders in New York go to jail for a minimum of 15 years for committing murder. Like every other criminal act, however, there are always stipulations. Not all murder is the same, not all punishments are the same, and not all defendants are the same. This means you need to learn more about murder and the punishments and defenses possible in a case like this.
There are multiple forms of murder in New York. Each one comes with a different punishment:
- First-degree murder comes with punishments including a minimum 20 years in prison and a maximum life sentence, and life comes without parole.
- Second-degree murder comes with a minimum 15-year prison sentence with a maximum 25 years to life in prison sentence.
- Aggravated murder comes with a sentence of life in prison without the possibility of parole at any point.
The penalties are different for each person charged with murder. The circumstances surrounding the murder, the circumstances of the issue, and the number of times the defendant has been charged with a crime in the past all help a judge and a jury determine what they might issue as a punishment. Mitigating circumstances vary by case.
Not All Deaths are Considered Murder
Some criminal acts of murder are not murder, per se. When a driver gets behind the wheel of a car drunk and runs into someone and kills them, it’s not murder. It’s called vehicular manslaughter. There was a death, it was not intentional, but it wasn’t right. This is when New York law gets a little complicated as legalities are brought to question. Not all death is considered murder, and not all people will receive the same sentence depending on their own background and criminal record.
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
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.
Someone without a criminal record might not be sentenced as harshly as someone who has been arrested and charged with violent crimes in the past. Punishment also changes based on the age of the victim and the circumstances surrounding the death of a child or elderly person.
Defenses for Murder Charges
Hiring a criminal defense attorney is the best way to end up cleared of murder charges or to have your charges reduced following your arrest. There are many defenses a criminal defense attorney might work with, and each one is very personal to the case and the defendant in need of a criminal defense attorney.
- Self-Defense: This is one of the most common forms of defense when a murder is committed. It comes with the argument that the victim’s intent was to harm the person charged with murder, and the defendant was required to kill this person to stay alive and keep others safe. Self-defense is a good defense when the victim was causing harm, and there is proof this occurred.
- Mistaken Identity: When a murder charge is made and an arrest occurs, sometimes the defendant will claim this is a case of mistaken identity. It happens in line-ups, in grainy videos, and even with the help of witness statements. If someone is similar to the person who committed the crime, it’s easy to put a face into the role of murderer by mistake.
- Accidents: Not all death caused by someone else is murder. Sometimes it’s nothing more than a terrible accident, such as a vehicle accident. In this case, the charges might be dropped to a form of manslaughter, which comes with a much lighter sentence for anyone charged with this crime.
- Insanity: If a person is cognitively unable to behave appropriately or recognize their own actions as wrong, they might be able to cite the issue as insanity. There are various tests both mentally and physically performed, and witness testimony from a doctor and other medical professionals must be acquired to determine insanity as a valid defense with a murder charge in question.
- Exercise of Duty: In many cases, the death of another person is committed by someone who works for the law. This is not murder when it’s the death of a suspect putting other people at risk, and it’s going to be called exercise of duty. A criminal defense attorney can help a police officer or other law enforcement officer with this defense when they were off-duty helping strangers or involved in any other situation in which this might occur. It must be proven the act was committed without any personal reason or intent, and that it was necessary in the eyes of the law.
The best defense against any murder charge is a good defense. A criminal attorney can help prove your case, reduce charges, or even have you walk away from court without being charged with anything. It’s your best case scenario to call a criminal defense attorney.
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