NY Penal Law § 115.08: Criminal facilitation in the first degree

If another person commits a crime with your help, then you too will face criminal charges. This is the case even if you were not present during the commission of the crime that you aided. You will be charged with criminal facilitation. There are 4 degrees of the charge of criminal facilitation. The charge you will face will largely depend on three factors including your age, the age of the person you helped, and the type of crime you helped the other person commit. The most serious facilitation charge is criminal facilitation in the first degree. Under New York Penal Law § 115.08 you have committed the crime of criminal facilitation in the first degree if you are at least 18 years old and you help someone who is less than 16 years hold commit a crime that is a Class A felony. Class A felonies are the most serious crimes in the New York criminal code. Examples of Class A felonies include murder in the first degree, arson in the first degree, kidnapping in the first degree, and operating as a major drug trafficker.

Twenty-one year old Paul met an undercover police officer who said he was interested in buying two ounces of heroin. Paul and the undercover officer proceeded to a bar where Paul introduced the officer to his sister, 15 year old Petra. After the officer and Petra completed negotiations for the heroin, Paul came over to where they were standing, gave the officer his phone number, and said, "any time you need anything just call this number and ask for Petra or me." The next day the undercover officer met Petra and purchased 2 ounces of heroin. Paul could be prosecuted for criminal facilitation in the first degree. Defendant aided Petra in committing a Class A felony, criminal sale of a controlled substance in the first degree, by providing Petra with a buyer ready and able to purchase a quantity of heroin. In addition Petra was under 16 years old.

1. Criminal facilitation in the fourth degree: New York Penal Law § 115.00
2. Criminal facilitation in the third degree: New York Penal Law § 115.01
3. Criminal facilitation in the second degree: New York Penal Law § 115.05

If you were forced to help someone commit a Class A felony, you did not commit a crime. This defense is referred to as duress. Duress is defined as another person physically forcing you to do something that you do not want to do, or threatening to use physical force against you or a third person in order to make you do something you do not want to do.

As a Class B felony if you are convicted of criminal facilitation in the first degree, your sentence may include a prison term of up to 25 years, post-release supervision and a substantial fine.

A person is guilty of criminal facilitation in the first degree when, believing it probable that he is rendering aid to a person under sixteen years of age who intends to engage in conduct that would constitute a class A felony, he, being over eighteen years of age, engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit such a class A felony.

If you or a loved one has been charged with criminal facilitation in the first degree it is important that you are represented by someone with experience. If you are convicted you could spend over 2 decades in prison. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts who have been charged with crimes such as criminal facilitation, as well as crimes related to theft, drugs, arson, assault, burglary, and reckless endangerment. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of crimes in the following locations: