Bribe Receiving in the First Degree

Bribe Receiving in the First Degree, New York Penal Law 200.12, is slightly different than the lesser levels or degrees of this crime. Sharing many of the general elements or concept, that is, getting some form of kickback as a public servant in exchange for that governmental employee or official doing something he or she shouldn’t but for the fact that they received a benefit, more is required to elevate an arrest or indictment from a Third or Second Degree Bribe Receiving to Bribe Receiving in the First Degree. Just as New York criminal courts mandate that the District Attorney or Attorney General satisfy additional elements, if prosecutors establish these extra factors, expect that you and your criminal defense attorney will need to work diligently to challenge the same. Unfortunately, your failure to do so will leave you exposed to mandatory imprisonment.

First Degree Bribe Receiving: Elements of NY Penal Law 200.12

Starting with the shared requirements for any Bribe Receiving case in New York City, the Hudson Valley or elsewhere in the State of New York, First Degree Bribe Receiving, NY Penal Law 200.12 requires that a public servant agree to receive a benefit to influence his or her decision on a particular matter. Not just any type of influence, but whether successful or not, the public servant who is the recipient of the benefit, money, services, etc., must accept as much for the purpose of influencing an investigation, arrest or some other law enforcement action involving a person who has committed a class “A” felony. Fairly rare because the influence exerted cannot involve just any crime, only those offenses that are the most serious – class “A” felonies – are subject to this law. Your criminal defense lawyer can advise as to whether the crime in question is a class “A” felony or not, but even if it is a lesser crime, know that does not mean you would not have any exposure. In fact, if the crimes of Second Degree Bribe Receiving and Third Degree Bribe Receiving are viable offenses that the District Attorney may pursue they will do so. Further, even if you could never have impacted the investigation in question due to your lack of authority or involvement in such a case, New York Penal Law 200.15 specifically disallows this type of defense to a Bribe Receiving arrest.

First Degree Bribe Receiving: Penalties for NY Penal Law 20012

Regardless of where the crime occurs, if you are convicted of Frist Degree Bribe Receiving in any NYC borough, Westchester County, Rockland County, Putnam County or Dutchess County, the penalty is the same as it is for all class “B” felonies. As such, courts are authorized to sentence a defendant, irrespective of all of the great public service he or she may have rendered over a storied career, to as long as twenty-five years in prison. Similarly, lacking a criminal history will not spare you from incarceration. While judges in New York have the ability to sentence a convicted defendant along a range of time spans, the minimum mandatory sentence for NY Penal Law 200.12 is one to three years in prison. Even if the judge feels bad, wants to mitigate your conduct and is convinced by the advocacy of your criminal lawyer in defense of your Bribe Receiving in the First Degree charge, the law does not permit him or her to sentence you to something less than this minimum.

Whether it’s the beginning of an investigation or the closing of a trial, any allegation or arrest for Bribe Receiving is damaging in countless ways. Do not let a wrongful, misunderstood or exaggerated claim of criminal activity upend your life. When there is no substitute for advocacy, knowledge and experience, call on the New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC.

Call the New York criminal lawyers and former Manhattan Assistant District Attorneys at (212) 312-7129 or contact us online today

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