Stephen Bilkis

Stephen Bilkis graduated from Touro Law School in 1997. Soon after he passed the bar exam of New York and established the Law Offices of Stephen Bilkis & Associates. In over 20 years of practice, Mr. Bilkis has successfully represented scores of clients throughout Nassau County, Suffolk County, Westchester County, Queens, Brooklyn, Bronx, Manhattan, Long Island, and Staten Island in matters related to personal injury, probate law, criminal law, and family law.

Mr. Bilkis strongly believes that each client is unique and each case is different. His solutions are never “one size fits all.” He prides himself on listening to his clients, reviewing all facets of each case, and using his deep knowledge of New York law to come up with individualized solutions for each client.

Stephen Bilkis has been a member of various national and local bar organizations and associations including the New York State Bar Association, American Prepaid Legal Institute, the American Association for Justice, AARP Legal Services Network, and the New York State Trial Lawyers Association.

Stephen Bilkis and the staff at the Law Offices of Stephen Bilkis & Associates have well-earned reputations as knowledgeable and effective attorneys who fight for their clients’ legal rights. Because of this, the firm, its attorneys, and some of their notable cases or clients, in whole or in part, have been mentioned on several media outlets including CNN, CBS, CNBC, and ABC New York, as well as in the New York Times, New York Post and Newsday.

Touro Law School

Head of Law Office

Stephen Bilkis & Associates

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Union Plus Benefits for AFL-CIO Union Members Newsletter

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Union Plus, AFL-CIO Legal Benefits Conference, Washington, DC

AFL-CIO

Gave yearly talks about employment benefit packages to the AFL-CIO Union leaders and members

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Writers Guild of America East

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Justia

AFL-CIO Union Privilege Legal Plan

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American Prepaid Legal Institute

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New York State Trial Lawyers

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New York State Bar  # 2842938

Member

1997 - Current

New York

Since 1997

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Q. 74-year-old female charged with weapons possession C felony and firing weapon; prior substance abuse record. Automatic jail?

July 1, 2025

A: I'm sorry you're facing such a difficult and stressful legal situation. Navigating weapons charges in New York can be particularly complex, especially when prior convictions and age-related factors are involved.

In New York, weapons charges are taken seriously. A Class C violent felony offense, such as Criminal Possession of a Weapon in the Second Degree under Penal Law § 265.03, can carry a mandatory minimum prison sentence of 3.5 years and up to 15 years. However, the specific charge and the facts surrounding your case will determine whether this sentencing framework applies.

It is important to clarify whether your charge falls under Penal Law § 265.03, which usually applies to possession of a loaded firearm with the intent to use it unlawfully. If you were simply in possession of the firearm and discharged it without intent to harm, your charge may instead fall under a different section, such as Penal Law § 265.02 (Criminal Possession of a Weapon in the Third Degree). Even so, this is also a Class D felony and can result in jail or prison time depending on the circumstances and your criminal history.

Because you mentioned a prior record involving substance abuse, the prosecution may view you as a predicate felon. If that is the case, and if the current offense is deemed a violent felony, you may not be eligible for probation or other alternatives without significant mitigating circumstances. However, if your prior convictions are older, non-violent, or drug-related, your defense attorney may be able to argue that you should not be sentenced as a second felony offender.

Judges do have discretion in sentencing, particularly if there are no aggravating factors like injury or intent to harm. Your age, medical history, lack of violent intent, and circumstances surrounding the discharge of the weapon may weigh in your favor during plea negotiations or sentencing. A skilled criminal defense attorney may be able to advocate for alternatives to incarceration, such as probation, treatment programs, or community service.

This response is for general informational purposes only and does not constitute legal advice. You should speak directly with a qualified New York criminal defense attorney who can review your case details, evaluate your eligibility for alternative sentencing, and help protect your rights. ... Read More

Q. I needed emergency surgery after a misdiagnosis of anal swelling by a surgeon in June 2024, leading to multiple surgeries.

July 1, 2025

A: I'm sorry you experienced such a painful and stressful medical situation. When a condition is misdiagnosed or improperly treated, and it leads to additional surgeries or complications, you may have grounds to pursue a medical malpractice claim under New York law.

In New York, to establish a viable medical malpractice claim, a plaintiff must generally prove: (1) the existence of a doctor-patient relationship that created a duty of care, (2) a deviation from the accepted standard of medical care, and (3) that the deviation caused harm. In your case, the allegation would likely center on whether the surgeon failed to recognize and appropriately treat the early signs of a serious anal abscess and fistula despite documented swelling and your surgical history.

The fact that you had prior fistula surgery and reported current symptoms would typically call for a thorough evaluation. If the surgeon dismissed your concerns and failed to diagnose the developing abscess, that may constitute a deviation from standard care, especially if another physician later confirmed a serious condition requiring multiple operations. The timing of your emergency surgery so soon after the original visit may also support a causal connection.

New York follows a 2.5-year statute of limitations for medical malpractice claims, measured from the date of the malpractice or the end of continuous treatment by the same provider for the same condition. Since your last related surgery was in April 2025, you are well within the time period to pursue a claim, but it is important not to delay.

You should consult an experienced New York medical malpractice attorney who can review your medical records and assess whether the original surgeon's actions fell below the accepted standard of care. Medical expert review is typically required before filing suit. Compensation in these cases may include damages for pain and suffering, lost wages, and future medical costs.

This response is for general informational purposes only and does not constitute legal advice. Each case depends on its specific facts. Consult a qualified New York medical malpractice lawyer to review your records and determine the best next steps. ... Read More

Q. Rights to spouse's gifted home in divorce, NY

July 1, 2025

A: I'm sorry you're facing this difficult situation. Property rights during divorce can be complex, especially when one spouse received a gift and the other made financial or non-financial contributions. In New York, the classification of property as marital or separate is a key factor in determining how it will be divided in a divorce.

Under New York Domestic Relations Law § 236(B), property acquired by one spouse as a gift from a third party during the marriage is generally considered separate property, and not subject to equitable distribution. Since the home was a gift to your spouse and the deed is in their name alone, it would typically be treated as separate property. The fact that your spouse signed the deed as a single person may raise some concern, but unless there was fraud or misrepresentation that impacted the transaction, it may not change the legal classification of the property.

However, New York courts may consider whether separate property has been converted, in whole or in part, into marital property. This can happen through commingling of funds or when the other spouse contributes significantly to the increase in the property’s value. For example, if you used your own income to pay for improvements and those improvements enhanced the value of the home, you may be able to claim a financial interest. This is known as a claim for equitable distribution based on contributions to separate property.

You may also have a claim for reimbursement or a credit based on the funds you invested, especially if you can show receipts or other proof of your personal contributions. The absence of a written agreement does not automatically eliminate your right to seek reimbursement, although it may limit your ability to assert a direct ownership interest.

In divorce proceedings, the court has discretion to award compensation for direct financial contributions to a spouse’s separate property if fairness requires it. You should consult with a matrimonial attorney to evaluate the value of your contributions and discuss what documentation or testimony would support your claims.

This response is for general informational purposes only and does not constitute legal advice. Speak with a qualified New York divorce attorney to understand how the law applies to your specific situation. ... Read More