New York Bribery Frequently Asked Questions
Two types of crimes fall under the bribery umbrella: receiving a bribe and offering a bribe. For offering a bribe to have taken place, a public servant must have been given or offered money or another benefit as an exchange for an influence in an action or multiple actions that are related to the public servant’s particular position. For receiving a bribe to have taken place, the public servant must have accepted or agreed to accept some kind of benefit or money with the full knowledge that they will have their actions influenced.
Bribery charges come in three degrees, as do bribe receiving charges. The specific charges leveled will vary depending upon the benefit’s value and the kind of action that the bribe was meant to influence.
Do bribes always involve money?
Bribes don’t have to involve cash or money. Any offered benefit can count as a bribe. Sometimes words can be misinterpreted as the offering of a bribe even if this was not your intention. If you stand accused of bribery, you’ll need experienced New York legal representation. Spodek Law Group is a group of lawyers with extensive criminal defense experience.
What is third degree bribery?
Third degree bribery is the least serious of the bribery crimes, but regardless, it is a felony. If a benefit is offered to any kind of public servant for the express purpose of influencing the decisions of that public servant, influencing their vote, or influencing the way they perform their responsibilities, you’ll have a third degree bribery charge leveled against you. This is a class D felony. Convictions of this crime carry potential sentences of up to seven years in prison.
What is second degree bribery?
Second degree bribery has the same actions and definitions as third degree bribery, but the value of the benefit or money involved must be greater than ten thousand dollars. This crime is a class C felony with potential sentencing of up to fifteen years in prison.
What is first degree bribery?
First degree bribery refers to bribes that are offered regarding a public servant’s involvement in the incarceration, prosecution, or investigation of a person who has been accused of or convicted of committing a class A felony. First degree bribery is a class B felony and carries potential sentencing of twenty-five years.
What is third degree bribe receiving?
This crime is similar to third degree bribery. The defendant, however, is the person who received the bribe rather than the person who offered it. This is a class D felony and has a maximum penalty of seven years in prison.
What is second degree bribe receiving?
Again, this mirrors second degree bribery. A bribe receiving charge is moved up to second degree bribe receiving when the person accepted a bribe that was worth more than $10,000. This is a class C felony with a maximum penalty of fifteen years in prison.
What is first degree bribe receiving?
First degree bribe receiving refers to a public servant who accepts a bribe to influence the conviction, prosecution, or incarceration of a person who has been accused of a class A felony. This is a class B felony which carries a potential prison sentence of twenty-five years.
May 17, 2018
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