Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.
Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.
In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.
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When someone is convicted of a crime in New York, the judge will impose a sentence based on the charges. However, there are certain circumstances that can lead to harsher sentences – these are called sentencing enhancements. Sentencing enhancements increase the penalties that convicted individuals face.
We get that dealing with sentencing enhancements can feel overwhelming. Figuring out how they impact your specific case is confusing and stressful. But know that there are skilled defense attorneys out there familiar with these rules who can help. We wanted to provide an overview of how sentencing enhancements work in New York to help you understand what you or your loved one might be facing.
There are a few main categories of sentencing enhancements in New York:
There are also other common sentencing enhancements like those for selling drugs near schools, crimes against the elderly or disabled, public corruption, and more as defined in New York Penal Code Article 70.
Judges have quite a bit of discretion in applying sentencing enhancements in New York. According to criminal defense lawyers, they will consider factors like:
So while a judge can impose an enhanced sentence if certain factors are present, they also may show leniency depending on the circumstances. However, some enhancements like under the Persistent Felony Offender law are very rigid.
That’s why having an experienced New York sentencing lawyer argue on your behalf is so important. They can present mitigating evidence and advocate for less harsh penalties even if enhancements apply.
The best way to avoid sentencing enhancements is by fighting the underlying charges themselves. If you win at trial and are acquitted (found not guilty) then enhancements no longer apply.
However, if you take a plea deal or are convicted, there are still ways a skilled New York criminal defense lawyer can limit enhancements:
Additionally, your attorney can argue that previous out-of-state or federal convictions should not count as strikes under New York law. There may also be issues with the validity of prior guilty verdicts that they can raise.
To understand how impactful sentencing enhancements can be, let’s look at some examples:
As you can see, the sentencing enhancements can seriously ratchet up the penalties faced. Having an attorney well-versed in New York criminal law is critical for overcoming these harsher sentences.
If you or someone you love is facing charges in New York, don’t go through it alone. Connect with a skilled local defense lawyer to protect your rights. Visit Avvo.com or FindLaw.com to find experienced attorneys near you.
The initial consultation is also typically free. This gives you the chance to ask them questions about the sentencing enhancements and options specific to your case. Here are some important things to ask:
Remember, every case is unique, so get personalized advice from a lawyer on your options. But we hope this overview gives you a better sense of how New York sentencing enhancements work and what you might be facing. Let us know in the comments if you have any other questions!
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