Welcome to Spodek Law Group. Our goal is to give you the reality of murder charges in New York - not the sanitized version other law firms present, not the procedural fiction you find on government websites, but the actual truth about what happens when you or someone you love is accused of taking another person's life.
Murder cases in New York are not won or lost at trial. They are won or lost in the first 48 hours after arrest - in the panicked statements you make to police before you have a lawyer present, in the inconsistencies detectives note while you are sleep-deprived and terrified, in the words that will be transcribed, recorded, and played back to a jury months later as proof that you are guilty. The trial is often just ceremony. By the time you walk into that courtroom, the prosecution has already built their case using your own mouth as the primary weapon against you.
This is what nobody tells you. And if you are reading this because you or someone you love is facing murder charges in New York, understanding this reality might be the difference between 25 years to life in prison and walking free.
What Nobody Tells You About Murder Charges in New York
Heres the thing most people dont understand about murder charges in New York. First-degree murder - the charge everyone fears - is actualy relatively rare. It requires special circumstances: killing a police officer, judge, or witness; murder for hire; murder during terrorism; or killing multiple victims. A defendant under 18 cannot even be charged with first-degree murder in New York.
The real nightmare is second-degree murder. This is the charge prosecutors use constantly, and it covers far more ground then most people realize. Under New York Penal Law 125.25, second-degree murder includes intentional killing, but it also includes "depraved indifference" murder - causing death through conduct that shows utter disregard for human life, even if you didnt specifically intend to kill anyone.
And then theres felony murder. This is were it gets truly terrifying. If someone dies during the commission of certain felonies - robbery, burglary, arson, sexual assault, kidnapping - you can be charged with murder even if you never intended for anyone to die. Even if your accomplice was the one who pulled the trigger. Even if the death was an accident.
OK so let me put this in perspective. Second-degree murder is a Class A-I felony. The sentence is 15 years to life or 25 years to life. That means if your convicted at age 30, you might not see a parole hearing until you are 55. And parole is not guarenteed. You could die in prison.
New York eliminated the death penalty in 2004 after the Court of Appeals struck it down in People v. LaValle. But life without parole still exists. The state wont execute you directly - they'll just let you die behind bars. Thats the reality nobody advertises.
The First 48 Hours That Decide Everything
Let that sink in. The most critical window in your entire case happens before you even know whats coming.
When police arrest you on suspicion of homicide, you have the right to remain silent. You have the right to an attorney. These words are read to you from a card. But heres the kicker - having the RIGHT to a lawyer and HAVING a lawyer present are two completly different things.
In New York City, you can expect to be arraigned within about 24 hours of arrest. The arraignment courts operate 24 hours a day, seven days a week, 365 days a year. But during those 24 hours before arraignment, your in a system designed to extract information from you while your terrified, exhausted, and desperate to explain yourself.
NYPD publishes quarterly clearance reports. Detectives are tracked on how quickly they close cases. Homicide investigations require results. And the fastest way to close a case is to get the suspect talking.
Heres were people get confused. They think that if they explain themselves, if they tell there side of the story, the police will understand. They think silence makes them look guilty. They think cooperating will help.
It wont.
Everything you say is being recorded. Everything is being transcribed. Every inconsistancy - and there will be inconsistencies because your panicked and sleep-deprived - will be noted and used against you. Three months later, a prosecutor will stand in front of a jury and play your own words back to them. "Ladies and gentlemen of the jury, the defendant said X at 3am on the night of the arrest. But look at this evidence showing Y. Why would an innocent person lie?"
You werent lying. You were exhausted and scared. But the jury dosent know that. They just hear the contradiction.
As Todd Spodek tells every client who contacts us during this critical window: the only words you should say to police are "I want my lawyer present before answering any questions." Nothing else. Not "I can explain." Not "I was defending myself." Not "It was an accident." Nothing.
Why Second-Degree Murder Is Your Real Nightmare
Think about that number for a moment. 15 years to life. At minimum.
People focus on first-degree murder because its the most dramatic. But second-degree murder is what prosecutors actually charge in most homicide cases, and its whats most likley to destroy your life.
Under New York law, second-degree murder covers three main scenarios. First, intentional murder - you meant to kill someone and you did. Second, depraved indifference murder - you engaged in conduct so reckless, so careless of human life, that someone died. Third, felony murder - someone died during the commission of certain felonies.
Heres the part nobody talks about. Depraved indifference murder dosent require you to intend to kill anyone. It requires the prosecution to prove you acted with extreme recklessness and a depraved indifference to human life. What does that mean? It means prosecutors have enormous flexibility in how they charge cases.
The felony murder rule is even more expansive. Under NY Penal Law 125.25, if someone dies during a robbery, burglary, arson, rape, kidnapping, escape, or certain other felonies - you can be charged with murder. It dosent matter if the death was accidental. It dosent matter if your accomplice was the one who caused it. It dosent matter if you were trying to prevent it.
Read that again. You can be convicted of murder for a death you didnt cause and didnt intend.
This is why so many people end up facing murder charges when they thought they were committing a "lesser" crime. The guy who drives the getaway car during a robbery? If the store owner has a heart attack and dies, thats felony murder. The woman who served as lookout during a burglary? If her partner kills the homeowner, shes facing murder charges too.
If you are even peripherally involved in a situation where someone died during the commission of a felony, you need a murder defense attorney immediatly.
The Self-Defense Trap New Yorkers Fall Into
This is were the law becomes genuinly cruel, and where people from other states get blindsided.
New York has one of the strictest self-defense standards in the country. Unlike Texas, Florida, or the other "stand your ground" states, New York requires something called "duty to retreat."
Before using deadly force - even in genuine self-defense - you must attempt to flee or withdraw from the confrontation if you can do so with "complete personal safety." Only about 13 states maintain similar restrictions. New York adopted this requirement in 1968, and its been tripping people up ever since.
Heres what this means in practice. Someone attacks you on the street. You could run. You dont - you fight back, and they die. In Texas, thats clear self-defense. In New York, the prosecutor will argue you had a duty to retreat, you failed to retreat, and therefor your killing was not justified.
Look, I'm not saying self-defense is imposible in New York. Theres an exception - the Castle Doctrine - that applies when your in your own dwelling and you werent the initial aggressor. But everywhere else? You have to prove you couldnt have safely retreated.
Prosecutors exploit this mercilessly. They will reconstruct the scene. They will identify every possible escape route you could have taken. They will bring in experts to testify that you had three seconds to turn and run, and you didnt. They will second-guess every decision you made in a split-second life-or-death situation.
What actualy happens is someone defends themselves from a genuine attack, kills there attacker, and then gets charged with manslaughter or murder because the prosecutor convinces a jury they should have run instead of fought.
If you used force in what you believe was self-defense and someone died, do not assume you are protected. New York law does not work the way you think it does.
How Prosecutors Use Your Own Words Against You
Notice the pattern here. Everything in the criminal justice system is designed to extract information from you that will be used against you later.
At Spodek Law Group, weve seen this playbook hundreds of times. Client makes statements to police. Statements contain natural inconsistancies. Prosecutor uses those inconsistancies to argue consciousness of guilt. Jury hears the defendant's own recorded voice contradicting himself. Conviction follows.
But it goes beyond that. The grand jury process in New York is almost entirely one-sided. The prosecutor presents evidence. The grand jury decides whether to indict. You MAY be allowed to testify - but this is almost always a mistake. Anything you say in front of the grand jury can be used against you at trial.
And heres the system revelation most people dont understand. When prosecutors charge murder, they often expect to settle for manslaughter. The overcharge is a negotiating tactic.
Murder charges carry 15-25 years to life. Manslaughter in the first degree carries up to 25 years. Manslaughter in the second degree carries up to 15 years. For prosecutors, charging murder and negotiating down to manslaughter looks like a "win" for the defense while still securing a conviction that sends you to prison for years.
Even at trial, the jury doesnt just decide between "guilty of murder" and "not guilty." They can convict on "lesser included offenses." This means a jury that dosent believe you committed murder might still convict you of manslaughter - and you still go to prison.
The Daniel Penny case from December 2024 ilustrates this perfectly. Penny was charged with manslaughter and criminally negligent homicide after Jordan Neely died following a chokehold on a NYC subway. The jury deadlocked on manslaughter - couldnt agree. The judge dismissed that charge. Then the jury aquitted on the lesser charge of criminally negligent homicide.
Penny "won." But he spent over two years under indictment. He raised more then $3 million for legal fees. His life was completely disrupted. Even when you beat the charges, the system process itself is the punishment.
What Happens When Theres No Bail
Sound familiar? The idea that you can post bail and fight your case from the outside?
In murder cases, that fantasy often dies at arraignment. This is something people from other states - or people who have only dealt with misdemeanors - simply dont understand. Murder charges operate under completly different rules. The stakes are so high that judges treat these cases with extreme caution, and that caution almost always works against the defendant.
When you face murder charges in New York, the judge makes a critical decision at arraignment: whether to set bail or remand you without bail. For serious cases with the posibility of a life sentence, judges frequently determine that no amount of bail can secure your presence at trial.
When that happens, your "remanded." This means held in custody until the case is over.
In New York City, that means Rikers Island. And murder cases take time. Lots of time.
Were talking 18 months to 3 years of pretrial detention. Your sitting in Rikers while your lawyer prepares your defense. Your sitting in Rikers while the prosecution builds there case. Your sitting in Rikers while your life outside falls apart.
The consequence cascade is devastating. You lose your job within weeks - no employer holds a position for someone facing murder charges. You lose your apartment when rent goes unpaid. Custody of your children may be challenged. Relationships dissolve. Savings evaporate paying for your defense.
And if your aquitted? If the jury finds you not guilty after three years of pretrial detention?
You dont get those years back. You dont get your job back. You dont get your apartment or your relationships or your savings back. The system destroyed your life, decided you were innocent, and offered no remedy whatsoever.
This is why pretrial strategy is so critical. An experienced murder defense attorney fights at every stage - from the initial arrest, to the bail hearing, to every pretrial motion. The goal is not just to win at trial. The goal is to minimize the destruction while the case is pending.
What Real Murder Defense Actually Looks Like
Get it now? Murder defense isnt just about what happens in the courtroom. Its about everything that happens before.
The best murder defense often starts before charges are even filed. If your aware that your under investigation - maybe a detective called and wants to "talk," maybe someone died in circumstances involving you - thats when you call an attorney. Not after the arrest. Before.
At Spodek Law Group, early intervention means controling the narrative before it gets away from you. It means ensuring you dont make statements that become weapons. It means launching a counter-investigation while evidence is still fresh.
Once charges are filed, murder defense requires massive resources. Private investigators. Independent forensic experts. Medical examiners who will challenge the prosecution's autopsy findings. Expert witnesses who can testify about self-defense, mental state, forensic evidence, or whatever issues are relevant to your case.
Todd Spodek has handled hundreds of serious felony cases in New York. What he tells clients is simple: you cannot approach murder charges casually. You cannot assume "the truth will come out." You cannot trust the system to be fair.
The system is designed to convict. The question is whether you have someone in your corner who understands how it works and can fight it effectively.
Common defense strategies in murder cases include:
Self-defense - Demonstrating you acted in reasonable fear for your life, though this requires careful navigation of New Yorks duty-to-retreat requirements.
Alibi - Proving you were elsewhere when the crime occured, backed by witnesses, surveillance footage, phone records, or other evidence.
Lack of intent - Showing the death was accidental or that you lacked the mental state required for murder charges.
Constitutional challenges - Suppressing evidence obtained through illegal searches, improper interrogation techniques, or other civil rights violations.
Mistaken identity - Challenging eyewitness identification, which is notoriously unreliable, especialy in high-stress situations.
Diminished capacity - Arguing that mental illness or impairment prevented you from forming the intent required for murder.
Each strategy requires evidence. Gathering that evidence takes resources. Building a defense that can overcome the prosecution's months of preparation takes time and expertise.
Theres no shortcut here. Murder defense is resource-intensive by necessity. The prosecution has the entire machinery of the state behind them - police investigators, crime labs, medical examiners, subpoena power. To match that, you need a defense team that understands how to counter each piece of the puzzle.
The Call You Make Next
This is critical. Every hour matters.
If you or someone you love is facing murder charges in New York - or even just the possibility of murder charges - the window for effective intervention is narrow. Once you make statements to police, those statements become permanent. Once charges are filed at the highest level, the negotiating position worsens. Once your remanded without bail, the damage to your life accelerates.
The prosecution has resources. They have detectives, forensic labs, medical examiners, and months to build their case. They have a system designed to extract information and convert it into convictions.
You need someone who understands that system from the inside. Someone who knows what prosecutors are looking for and how to prevent them from finding it. Someone who can launch an immediate counter-investigation, protect your rights during questioning, fight for bail at arraignment, and build a defense capable of winning at trial.
Spodek Law Group has been defending New Yorkers against serious felony charges for years. We take murder cases because we understand what's at stake - not just the legal consequences, but the human ones. Families destroyed. Lives derailed. Futures erased.
The next 48 hours determine the next 25 years. Call 212-300-5196.
