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.
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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