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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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The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

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Using Intoxication as a Defense to Theft Crimes in Queens

Using Intoxication as a Defense to Theft Crimes in Queens, New York

Being charged with a theft crime in Queens can lead to serious consequences like fines, probation, or even jail time. However, there may be legal defenses that can get the charges reduced or even dismissed. One potential defense is intoxication – arguing that you were too impaired to form the necessary criminal intent required for a theft conviction.

Intoxication is only a valid legal defense under certain conditions according to criminal defense lawyers:

  • You must have been so extremely impaired that you could not form the “intent” or “knowing” mental state required for the theft crime 1.
    For example, theft often requires prosecutors to prove you intentionally and knowingly stole property.
  • The intoxication must have been involuntary or unexpected. If you became extremely intoxicated voluntarily, it is not a defense except potentially in rare cases  5.

Essentially, the intoxication must have prevented you from consciously and knowingly committing the criminal act.Defense lawyers may argue that due to your extraordinarily intoxicated condition from alcohol, medications, or other substances, you did not intentionally commit the alleged theft. Instead, your actions were influenced by an impaired mental state that you did not anticipate.

Evidence Needed for an Intoxication Defense

Using an intoxication defense requires concrete evidence of your extremely intoxicated condition according to criminal lawyers, including 5:

  • BAC (Blood Alcohol Content) Level: Results from breathalyzer or blood tests showing your BAC was extremely elevated. For example, two or three times the legal driving limit.
  • Drug Influence: Toxicology reports proving you had intoxicating medications or illegal substances in your system.
  • Observed Behavior: Eyewitness accounts or video documenting you were acting abnormally incapacitated, incoherent, or unstable.
  • Expert Testimony: Psychologists and addiction medicine experts can analyze your intoxication level and opine on your ability to form intent.

The more evidence that you were extraordinarily impaired at the time, the stronger your intoxication defense will be.

Using Intoxication to Fight Theft Charges

In New York, theft crimes like larceny, robbery, burglary, shoplifting, and embezzlement require prosecutors to establish you acted “knowingly” and “intentionally” 9.

Your Queens criminal defense lawyer can argue that due to severe intoxication from [unexpected causes], you did not consciously and deliberately commit the alleged theft. Instead, your actions resulted from an impaired mental state that prevented you from forming the requisite intent.If successful, this can lead to reduced or dismissed charges since the prosecution cannot establish the necessary mens rea (criminal intent).

Risks and Limits of an Intoxication Defense

While intoxication may potentially defend some theft allegations, criminal lawyers note there are risks and limitations to consider with this strategy 1:

  • It rarely works for strict liability crimes like driving under the influence (DUI) that don’t require proof of intent.
  • Voluntary intoxication is not a defense except in rare cases. The impairment generally must have been unexpected.
  • Even with intoxication, you may still face non-theft charges like public intoxication, disorderly conduct, etc.
  • Judges and juries often view intoxication defenses skeptically. Strong evidence is essential.
  • Simply being drunk or high does not excuse criminal behavior in most cases.

Thus, while intoxication may potentially help some theft defendants in Queens, experienced criminal lawyers caution it can be an uphill legal battle that is not guaranteed to succeed. Speak to a lawyer to assess if it could apply in your specific case.

Finding a Queens Criminal Defense Lawyer

If you face theft charges in Queens and want to explore using an intoxication defense, it is critical to have an experienced criminal lawyer on your side. Defense attorneys can assess the merits of this strategy in your particular case and handle the complex legal arguments appropriately 3.

Ask potential lawyers about their experience with intoxication defenses in theft cases. Be sure they understand all the intricacies and risks involved.Defense lawyers also know how to gather convincing intoxication evidence like toxicology reports, eyewitness statements of your behavior, expert testimony, and other documentation. The right advocate can make a major difference.You can locate Queens criminal lawyers through sites like AvvoLawyers.com, and the New York State Bar Association. Local recommendations from family, friends, or colleagues can also help find reputable defense attorneys.


Intoxication may potentially assist with defending some theft charges in Queens if it prevented you from consciously and knowingly committing the criminal acts. However, it is a complex defense that is challenging to pursue and does not guarantee success. Anyone facing theft allegations needs an experienced criminal lawyer to advise if intoxication could help their case and handle the arguments appropriately in court. Be sure to secure top legal representation right away if you have been arrested or charged with any theft crimes.

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I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

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It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

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