New York Penal Law § 195.00: Official Misconduct

New York Penal Law § 195.00 is a criminal statute that prohibits official misconduct. This offense occurs when a public servant, such as a police officer, judge, or government employee, uses their position to obtain a personal benefit or to harm someone else. Specifically, the law states that a public servant is guilty of official misconduct when they commit an act related to their official duties, which constitutes an unauthorized exercise of their official functions or is in violation of their official duty, with the intent to obtain a benefit for themselves or to cause harm to another person.

Examples of official misconduct may include accepting bribes, abusing one's power for personal gain, falsifying documents or records, or engaging in discriminatory or abusive behavior towards others. The key factor is that the public servant must have acted with the intent to obtain a personal benefit or to cause harm to someone else.

People v. Shelly Silver, 13 Cr. 93 (S.D.N.Y. 2015). In this high-profile case, former New York State Assembly Speaker Sheldon Silver was convicted of seven counts of official misconduct, along with other charges. The prosecution alleged that Silver used his position to obtain nearly $4 million in bribes and kickbacks in exchange for official actions benefiting certain individuals and companies. Silver was sentenced to 12 years in prison. However, Silver appealed the conviction.

People v. Salvatore Rizzo, 2016 NY Slip Op 26241 (Sup. Ct. Queens County 2016). In this case, a police officer was charged with official misconduct after he was caught on video assaulting a suspect who was handcuffed and lying on the ground. The officer was also charged with assault and falsifying records. The prosecution argued that the officer's actions were outside the scope of his official duties and constituted an abuse of his power as a police officer. The officer ultimately pled guilty to official misconduct and was sentenced to probation.

People v. Ralph Marra, 291 A.D.2d 187 (2d Dep't 2002). In this case, a former town supervisor was charged with official misconduct for allegedly using town funds to pay for his personal expenses, including a country club membership and vacations. The prosecution argued that the defendant's actions constituted an unauthorized exercise of his official duties and were intended to benefit himself at the expense of the town's taxpayers. The defendant was ultimately convicted of official misconduct and sentenced to probation.

1. Obstructing governmental administration in the second degree. New York Penal Law section 195.05
2. Killing or injuring a police animal. New York Penal Law section 195.06
3. Killing a police work dog or police work horse. New York Penal Law section 195.06-a
4. Obstructing governmental administration in the first degree. New York Penal Law section 195.07
5. Obstructing governmental administration by means of a self-defense spray device. New York Penal Law section 195.08

Official misconduct is a serious offense in New York, and a conviction can have significant consequences for the defendant's career and personal life. A conviction can result in the loss of one's job, as well as fines and potential imprisonment. Additionally, a conviction for official misconduct can damage the defendant's reputation and future job prospects.

A person is guilty of unlawful possession of a skimmer device in the first degree when he or she commits the crime of unlawful possession of a skimmer device in the second degree and he or she has been previously convicted within the last five years of identity theft in the third degree as defined in section 190.78, identity theft in the second degree as defined in section 190.79, identity theft in the first degree as defined in section 190.80, unlawful possession of personal identification information in the third degree as defined in section 190.81, unlawful possession of personal identification information in the second degree as defined in section 190.82, unlawful possession of personal identification information in the first degree as defined in section 190.83, unlawful possession of a skimmer device in the second degree as defined in section 190.85, unlawful possession of a skimmer device in the first degree as defined in this section, grand larceny in the fourth degree as defined in section 155.30, grand larceny in the third degree as defined in section 155.35, grand larceny in the second degree as defined in section 155.40 or grand larceny in the first degree as defined in section 155.42 of this chapter. Unlawful possession of a skimmer device in the first degree is a class E felony.

If you are facing charges of official misconduct, it is essential to hire an experienced criminal attorney serving New York. A skilled attorney can review the evidence against you, analyze the strengths and weaknesses of the prosecution's case, and develop a strategic defense strategy that is tailored to your specific circumstances. In some cases, an attorney may be able to challenge the prosecution's evidence or argue for a dismissal of the charges. Alternatively, they may be able to negotiate a plea deal with the prosecution, which can result in reduced charges or a more lenient sentence. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Nassau County, Queens, Bronx, Brooklyn, Long Island, Staten Island, Suffolk County, and Westchester County.