Bribe Receiving in the Second Degree

A step up in terms of possible prison sentences, Bribe Receiving in the Second Degree, New York Penal Law 200.11, is a felony that brings with it not merely some of the harshest embarrassment and shame associated with any crime in the criminal code, but equally unforgiving penalties. Yes, you may be completely innocent, or your criminal defense attorney may have a heck of a fight in front of him or her to protect your otherwise clean record, but even before the judge’s gavel slams down with his or her resolution of your case, prepare yourself for an emotionally trying experience. While no lawyer, family member or friend wants to see you suffer through a criminal investigation in NYC, the Hudson Valley, or anywhere in New York State, arrest, indictment or even a trial, the unfortunate reality is that many battles are not fought overnight and allegations of Second Degree Bribe Receiving are no exception.

Second Degree Bribe Receiving: Elements of NY Penal Law 200.11

At first glance, Second Degree Bribe Receiving looks no different than Third Degree Bribe Receiving. NY Penal Law 200.11 shares most of the same elements of its lesser felonious sibling, but has one central difference that enhances the crime. Like Bribe Receiving in the Third Degree pursuant to NY PL 200.10, Bribe Receiving in the Second Degree, pursuant to NY PL 200.11, occurs when a public servant agrees to change his or her actions or discretion in return for a benefit. However, its not merely a police officer taking $500 to quash a speeding ticket or a town clerk expediting certain filings in a municipality for tickets to a concert. To violate Bribe Receiving in the Third Degree, the benefit received, in any form, must have a value more than $10,000.00.

Second Degree Bribe Receiving: Penalties and Sentence for NY Penal Law 200.11

If as much as seven years incarceration seemed bad, a conviction for the more significant Bribery in the Second Degree is no doubt worse. Although your criminal defense attorney has the ability to persuade a judge to deviate in his or her sentencing along certain guidelines, if you are convicted of New York Penal Law 200.11, prepare yourself for a frightening prospect. Operating under the assumption you have a clean criminal history, when the judge announces sentence your punishment can be up to one year in jail on Rikers Island in NYC or a county facility in the Hudson Valley, five years probation, a “split” of both jail and probation, community service, fines, and, wait for it, as long as five to fifteen years “upstate” in prison. Keep in mind, your sentencing judge need not incarcerate you for this time frame. While you may consider it a “victory,” without the right advocacy prosecutors can convince courts to sentence those who accept bribes to imprisonment in ranges of one to three, two to six, three to nine, and many other years in prison.

Because the magnitude of havoc that a conviction for Second Degree Bribery can inflict, or, for that matter, an accusation, arrest or indictment, you should need no encouragement to retain the best criminal lawyer to implement your strongest defense. When there is no substitution for experience, knowledge and advocacy, that best defense is the New York criminal defense attorneys and former Manhattan prosecutors at Crotty Saland PC.

Call the New York white collar criminal attorneys and former Manhattan prosecutors at (212) 312-7129 or contact us online today

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