Bribe Receiving in the Third Degree
A “D” felony punishable by up to seven years in a New York State prison, even if you have never seen the inside of a courtroom, a conviction for Third Degree Bribe Receiving is no insignificant matter. Why is it that there is such a harsh punishment and penalty for taking bribes as a governmental or public official in New York? The answer should be obvious, but in the event it is unclear and your criminal lawyers have not demonstrated the magnitude of the crime, the New York State legislature determined long ago that even if they are not best at policing themselves, the law should nonetheless provide for accountability upon conviction of any Bribe Receiving crime including New York Penal Law 200.10.Third Degree Bribe Receiving: Elements of NY Penal Law 200.10
What is Bribe Receiving in New York, you ask? Bribe Receiving in the Third Degree, NY Penal Law 200.10, occurs when a public servant solicits or merely agrees to accept any type of benefit regardless of its form – tangible, “greenbacks,” or otherwise – from another person. This public servant must also do so as part of an agreement that his or her actions serving in their capacity as a public servant, government official, court staff, Department of Motor Vehicle employee, etc., will be impacted or influenced by the benefit.Third Degree Bribe Receiving: Two Important Questions
Does it matter the value of the benefit to the public servant or the means by which it is delivered to him or her when the NYPD arrests or a District Attorney prosecutes a Third Degree Bribe Receiving case? Absolutely not. While the value of the gift, benefit, etc, can potentially increase the degree of Bribe Receiving, for the purpose of NY PL 200.10, your criminal attorney will make it clear that value is irrelevant to this particular crime.
Even though value is of no consequence, in order for a judge or jury to convict a public servant of Bribery in the Third Degree must he or she actually follow through with the service side of the deal upon payment? Again, no. The benefit does not have to actually be received, but merely an agreement to receive or accept the benefit is sufficient to satisfy NY PL 200.10.Third Degree Bribe Receiving: Punishment and Penalty
While courts have discretion and the District Attorney can make certain recommendations, the greatest possible sentence a non-predicate felon with a clean record can receive if convicted of Third Degree Bribe Receiving, PL 200.10, is two and one third to seven years in prison. No mandatory minimum, if you are convicted of Bribe Receiving in the Third Degree your criminal defense attorney can fight for no incarceration, five years probation, a fine, a conditional discharge and even a lesser sentence in a local jail.
- Bribe Receiving Crimes Information Page
- Bribe Receiving in the Second Degree: NY Penal Law 200.11
- Bribe Receiving in the First Degree: NY Penal Law 200.12
Regardless of the nature of your arrest for Bribe Receiving in the Third Degree, expect that when you betray the public trust all law enforcement will take notice. To protect your future, keep your family intact, and remain free from incarceration, your best defense is the knowledge, experience and advocacy the New York criminal defense attorney and former New York City prosecutors at Crotty Saland can provide.
Call the New York criminal lawyers and former New York prosecutors at (212) 312-7129 or contact us online today