212-300-5196

Service & Results.

nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

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.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Spodek
Law in the Media

View All

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.

Misconduct Enhancement

Multiple theft crimes are classified at both the federal and state levels as being a type of misconduct. Misconduct occurs when an individual abuses their position of power, access, or trust in order to commit a crime. The misconduct always has an adverse impact on the case of person accused, especially if that person betrayed their fiduciary responsibilities. Misconduct enhancement in theft crimes can cause a person to be sentenced more harshly than another individual might be. The prosecution might emphasize the misconduct of the accused to paint their character in a negative light.

It’s vital that you talk to an attorney immediately if you’re facing any kind of misconduct-related theft charge on the federal or state level. Law enforcement will work with the prosecution to build a case against you. A defense lawyer is the only person who will be completely on your side throughout the process. They can help you navigate through the justice system and create a defense that preserves your reputation and character. Depending on the situation, your lawyer may argue to have the charges against you dropped, or they may help guide you through a plea negotiation for a reduced sentence.

Impact of Misconduct on Sentencing

Misconduct that was committed as part of a crime is bad enough, especially if the prosecution uses the misconduct to create a character defaming case. But if a person continues to engage in misconduct and inappropriate behavior during the course of the case, this can have a negative impact on their sentencing, even if it has nothing to do with the original crime.

When a person is accused of a theft crime, the prosecutor and judge will initially be seeing them as a thief. The job of the prosecution and law enforcement is to build the most ruthless and negative-seeming case against the defendant. A defense attorney is vital to push back against this. In these cases, one of the key roles of the defense attorney is to provide background and context so that the defendant can be considered in a more sympathetic light.

The misconduct that a person commits might or might not affect their sentence. There’s no codified statute regarding the ways that misconduct factors into sentencing. Instead, it will vary depending on the judge. If the judge believes that the defendant engaged in vicious and knowing misconduct that hurt other people, they’ll be more likely to pass down a harsh sentence. However, if the defense attorney can create a sympathetic portrayal of the defendant’s state of mind and character, the judge might be more inclined toward a relaxed sentence.

The way the defendant acts during the case will also have an impact. If a defendant is insolent, defensive, and remorseless during their trial, the judge will have a negative view of them. Conversely, if the defendant makes an effort to be open and honest and to make restitution for any past mistakes, the judge will generally have a more benevolent view of them.

There are basic guidelines and rules codified into federal and state statutes regarding criminal sentencing. But ultimately, a lot of your fate is up to the individual judge. The courtroom process is very human at its core. There’s no way for a machine to analyze the data and spit out a calculated sentence, because the judge chooses sentencing based in part on personal feelings.

If a person committed a crime that included a malicious and obnoxious abuse of power, and they don’t appear to feel any remorse, the judge will have fewer qualms about sentencing them to long terms in prison. But if a person comes across as a good-hearted individual who made a bad mistake and wants to fix it, the judge will be equally reticent to ruin their life with a harsh sentence.

An Attorney’s Role in Misconduct Enhancement

If you’ve been charged with a theft crime, you need to get in contact with a lawyer as soon as possible. Being arrested means that law enforcement and the prosecution have already gathered enough evidence to charge you. They’ve been working on their case already, and anything you do will just further their ends. No matter how much they pretend to be, law enforcement is not on your side once you’ve been arrested.

Your lawyer will have access to more information than you can get. They’ll understand how to navigate the system and how to lay out your options. They’ll also have past experience crafting strategies for cases just like yours. A good lawyer will explain to you the situation, the consequences you may be facing, and your options going forward. They’ll make a recommendation based on their reading of the situation. When you decide what you want to do, your lawyer will advocate for you to the best of their ability.

[pagelist child_of=”parent” class=”page-list-cols-3″]

Free Consultation

Testimonials

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...

~Fonder Brandon

5 Stars
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...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

White Glove Service

We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196

get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005

212-300-5196

get directions

QUEENS

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196

get directions

BROOKLYN

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196

get directions
Call Now!