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New York Penal Code § 130.65: Aggravated Sexual Abuse in the Fourth Degree Lawyer

New York Penal Code § 130.65: Aggravated Sexual Abuse in the Fourth Degree

What Does Aggravated Sexual Abuse in the Fourth Degree Mean?
New York Penal Code § 130.65 criminalize certain forms of forced sexual contact. The government is always eager to escalate charges and treat you like you guilty. I see many individuals get overwhelmed because the system rarely shows mercy. Todd Spodek and our entire firm fight back by examining every detail then we build a defense that stops the prosecution’s overreach because the government tries to screw you. People v. Brown, 86 N.Y.2d 728 (1995), clarifies the prosecutor’s burden to establish forcible compulsion under these charges. We rely on that ruling to push back at each stage if the government tries to screw you.

Why This Charge Feels Overwhelming
You face a serious felony and you might wind up with a permanent record if you do nothing. CPL 180.80 requires the government to present the case to a grand jury within 144 hours if you are in custody, but prosecutors often try to drag things out and keep you in a cell. We stand up in court and demand strict compliance with those rules because Todd Spodek want to keep you free and safe from the government’s heavy hand. People v. Carter, 89 A.D.3d 425 (1st Dep’t 2011), addressed the issue of forced contact and made it clear that physical evidence must be strong. Our entire approach aims to highlight every gap in that proof, so the government can’t bully you into a plea you don’t deserve. Our firm invests time and resources to protect your rights at each stage.

Building the Defense Story
I see government push flimsy allegations. Todd Spodek’s second-generation legacy drives him to challenge every step of the prosecution. People v. Johnson, 66 N.Y.2d 398 (1985), offers a framework to dispute the way evidence gets introduced. We file motions demanding disclosure of grand jury testimony and we question the chain of custody, which cause the prosecution to scramble. You have the right to a pre-trial hearing under CPL 240.43, and we use that to suppress illegally obtained statements. Our firm stands ready to investigate all angles, so the government doesn’t corner you with half-truths.

When Physical Evidence is Weak
You might worry the police find some DNA sample, which the government tries hype up. Todd Spodek demands lab reports, and we cross-examine technicians about contamination or mislabeling. People v. Smith, 85 N.Y.2d 1018 (1995), recognized that unreliable lab processes can’t support a conviction. We move quickly for a suppression hearing if the cops seized evidence without a proper warrant. We also push for an independent forensic review where needed so we can fight inflated claims. Our office uses a “white glove” approach and Todd’s focus on thorough fact-checking to keep the government’s methods in check.

What If There Was No Actual Force?
Aggravated Sexual Abuse in the Fourth Degree under NY Penal Code § 130.65 typically requires proof of forcible compulsion. We argue that the prosecution can’t twist normal interactions into forced conduct so we highlight any contradictory statements from witnesses. Todd Spodek and our team gather text messages, surveillance footage, or phone records that show consensual contact or no contact at all, because the government leaps to the worst conclusions. People v. Wilson, 59 N.Y.2d 461 (1983), allowed a defense to undercut claims of compulsion by pointing to logical evidence of consent. We also bring in any character evidence that demonstrates the real context. Our firm’s nationwide presence, with offices in NYC and Los Angeles, ensures we have resources to track down crucial facts.

Role-Playing Defense Strategies: Scenario A
Imagine a scenario where you barely knew the accuser, and the government’s entire case rests on a single statement. Todd Spodek picks apart that statement by finding contradictory details, which we do by reviewing text logs or phone pings. We file motions under CPL 240.20 to force the prosecutor to give us all relevant evidence. If that evidence reveals no physical marks or injuries, we highlight the discrepancy. Our approach aims to show the prosecution’s overreach so the judge or jury sees the holes. We do not let the government pound you into submission.

Role-Playing Defense Strategies: Scenario B
Now, suppose the accuser was once in a relationship with you. Todd Spodek digs up old phone messages to demonstrate an ongoing dispute or motive for retaliation. People v. Green, 74 N.Y.2d 241 (1989), dealt with credibility issues in sexual abuse cases and found that motive to lie can destroy a prosecutor’s theory. We interview any mutual friends to see if they can testify about the real dynamic. That way, the government’s push for harsh punishment collapses. We do everything to show a false claim forcing the prosecutor to face reality.

Navigating Bail and Release
Judges sometimes set high bail because the government insists you are a danger. Todd Spodek challenges that argument by citing your ties to the community and showing you have no reason to flee. We invoke CPL 510.30, which lays out factors like family contacts and employment. If the government tries to paint you as a monster we bring in people who can attest to your character. The firm works day and night to secure your release so you can help us gather evidence. We also give you access to our digital client portal, which Todd designed to let you upload documents and track your case in real time.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
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.
Taïko Beauty
Taïko Beauty
2024-03-15
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!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

When Trials Become Necessary
The government hopes you’ll take a deal. Todd Spodek is not afraid of trial. People v. Davis, 43 A.D.3d 1205 (4th Dep’t 2007), shows that a defense can succeed if the prosecution’s evidence is shaky. We select jurors who can consider the flaws in the government’s case and we show them you’re not who the prosecutors claim. Court rules require open-file discovery so we scrutinize every scrap of evidence. That approach helps us expose contradictions, and we keep the government from painting you as guilty before the facts come out.

Todd Spodek’s Background and Philosophy
Todd is a second-generation attorney who’s been on NY Post, Newsweek, and Fox 5 New York, and he once represented Anna Delvey in a Netflix-featured case. That national attention highlights our firm’s ability to handle high-stakes matters where the government tries to ruin lives. We keep our client list selective so we can pour energy into each defense. That personal approach means you get constant updates and real answers to your questions. Our “white glove” service reflects Todd’s drive to treat clients like family. Our mission is to disrupt the government’s attempts to put you behind bars.

Practical Next Steps
If you’re charged under NY Penal Code § 130.65, you must appear at arraignment within 24 hours of your arrest. That’s when the government tries to set the tone by asking for high bail or imposing strict conditions. We show up with a plan to attack the probable cause affidavit, under People v. Jones, 9 N.Y.2d 259 (1961), and we question any statement the cops claim you made. Then we start gathering your evidence, building a timeline, and preparing any motions that challenge the prosecution. We remain accessible around the clock and we coordinate with you about each hearing. Our presence in multiple jurisdictions lets us move fast when the government strikes.

Final Thoughts and Firm Capabilities
Aggravated Sexual Abuse in the Fourth Degree can turn your life upside down, and the government tries to steamroll you at every turn. Todd Spodek has extensive trial experience and a proven record of fighting back. Our strict approach to fact investigation and tailored defense strategies helps us pick apart the state’s claims. We protect you from harsh sentences because we never let the government corner you without a fight. We encourage you to call us or reach out through our website if you need help. This article is general guidance, not legal counsel, but we stand ready to defend you and push back on the prosecution’s overreach.

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