New York Bribery
The crime of bribery has become more common in the recent past, partially because the crime refers to a broad range of offenses. A New York Bribery Lawyer will tell you that this crime involves giving, offering or promising something of value for the purpose of reward or financial gain. If you have been charged with this or related crime, such as Embezzlement, fraud, or other White Collar Crime, speak with Stephen Bilkis & Associates, PLLC for guidance. If you are convicted, these crimes can have very serious consequences including lengthy prison terms, large fines and probation. We will provide you with valuable advice on how to best defend yourself against these charges and ensure that your rights are protected.
Bribery commonly involves the offering of money or a gift in exchange for some type of benefit or business advantage. In other words, influence is used to gain preferential treatment. Examples of this crime would include payment of a public official to sway a vote, to persuade law enforcement to overlook an offense, to obtain an important government contract, or even to affect the testimony of a juror. Often the recipient of a bribe is a public official, which can include anyone from a congressman, to a building inspector.Penalties
Pursuant to New York Penal Code Section 200, there are three degrees of this crime.
Bribery in the 3d degree occurs when an individual offers or agrees to give a benefit to someone running in public office. The benefit can be anything from money, to an expensive vacation or some type of preferential treatment. The possible sentence for this crime if convicted is 7 years in prison.
Bribery in the 2nd degree is committed when someone offers a benefit valued at over $10,000 to a public servant with the understanding that their actions will be influenced by the offer. This crime is punishable by up to 15 years in prison.
Bribery in the 1st degree is the most serious offense. This crime involves offering a bribe to influence an arrest or the prosecution of a person. This crime is punishable by up to 25 years in prison.
There are two important points to understand about this crime. The actual bribe does not have to be made and received, promising the bribe and agreeing to it are enough. In this instance both parties involved would be criminally liable. The federal government and the District Attorney treat this crime very harshly, particularly when a public official is involved.
There is at least one statutorily identified defense against this crime, which is found in New York Penal Code 200.05. This section states that if you bribe a public servant as a result of that person attempting to, or committing the crime of coercion or extortion against you, this would qualify as a defense.
While bribery is a criminal charge, it can also lead to civil liability as well. The severity of the offense will be influenced by the amount of money or benefit involved in the bribe. Also remember that if you even if you are innocent of the charges against you, these accusations can cause very seriously problems with your professional and personal life. Speak with our team for advice and guidance. With your first visit, we will provide you with free case consultation. We have offices located in Long Island including Nassau County and Suffolk County, as well as Westchester County. In New York City, we have locations in Brooklyn, the Bronx, Queens, Manhattan and Staten Island. Call us today at 1.800.NY.NY.LAW.