A bribery charge in New York is a very serious offense and it usually involves a felony conviction. If you are charged with bribery in New York, there are two articles of penal law that will determine how you will be prosecuted. The difference involves whether or not the act of bribery included a public servant. Either way, you can be facing several years in prison and you can have future problems getting employment or finding housing as well as ruin your reputation and your personal life.
Anyone that is facing a bribery charge needs to contact an experienced attorney immediately. To receive the best possible outcome for your case, you need to have the assistance of a knowledgeable attorney on your side. Our attorneys have the experience and skills to secure a positive outcome for your case. Contact us for a free consultation so that we can start creating a successful defense for your case.
Bribery Case Involving a Public Servant
Second and third degree bribery charges result when a person benefits a public servant in any way that results in swaying that public servant’s decision, vote or judgement. A third degree bribery charge is considered a Class D Felony that can be punishable by up to seven years in jail. It becomes a second degree bribery charge when the benefit exceeds $10,000 in value resulting in a Class C Felony that is punishable by up to fifteen years in jail.
First degree bribery charges have the additional point that the goal of the bribe was expressly to sway the public servant’s decision regarding the prosecution, arrest or investigation of an individual who has committed a Class A Felony. A first degree bribery charge is considered a Class B Felony that is punishable by up to twenty five years in prison.
When the situation is reversed and you are charged with bribe receiving, the felony charges remain the same. The crime of bribe received is defined regardless of whether the bribe was actually solicited or only passively received.
Bribery Case Not Involving a Public Servant
Some of the most common offenses that fall under this category include:
• Commercial bribing
• Commercial bribe receiving
• Rent gouging
Commercial Bribing and Commercial Bribe Receiving
The definition of commercial bribing is when an individual gives a benefit to an employee without the employer’s consent with the intent of swaying the employee’s conduct in the professional or personal affairs of the employer. This is a second degree charge that is considered a Class A Misdemeanor and is punishable by up to a year in prison.
First degree bribery has the added points that include:
• The benefit exceeds $1,000 in value
• The bribe results in damage to the employer exceeding $250
First degree bribery is considered a Class E Felony and is punishable by up to four years in jail.
Commercial bribe receiving has the same penalties for the same parameters.
Rent gouging in the third degree is defined when the amount of extra money charged for rent is less than $250. It is considered a Class B Misdemeanor and is punishable by up to three months in jail and a fine of up to $250.
Second degree rent gouging is defined when the amount of extra money charged is over $250. This is considered a Class A Misdemeanor and is punishable by up to a year in jail and a fine of up to $1,000.
First degree rent gouging is defined by an individual accepting, agreeing to or actively soliciting payment in three different transactions from one or more people.
If you are facing bribery charges, it is imperative that you receive experienced legal help to navigate through the court process. Our knowledgeable attorneys can help you create a successful defense so that you will have the best possible outcome for your case.