As far as White Collar crimes go in New York City and New York State, Bribe Receiving may not be one of the most common offenses prosecuted by District Attorneys and the New York State Attorney General’s Office, but when investigations, indictments and trials become public, they are splashed across the tabloids. Nobody, not a single tax payer, constituent or resident in any county of the state will come running to defend an accused bribe receiver even if your New York criminal defense attorney will fight to the best of his or her ability to challenge the allegations. Why is that? Flip on any news station or ready just about an Op Ed and you will find someone on the attack and going after public officials, public servants and just about anyone in the governmental sphere. Add the crimes of Bribe Receiving in the Third Degree, New York Penal Law 200.10, Bribe Receiving in the Second Degree, New York Penal Law 200.11 or Bribe Receiving in the First Degree, New York Penal Law 200.12, to the fodder and you will soon learn that if you are accused of this type of misconduct the consequences are great.Bribe Receiving: An Overview of the Criminal Conduct
Degrees of Bribe Receiving aside, the general premise of this crime is that if you, a public servant, let someone pay you off in any amount and in any form so that your official decision-making authority is skewed, you have likely violated one degree or Bribe Receiving or another in New York. It is not a defense to Bribe Receiving if you, as the public servant, did not have the authority or power to perform pursuant to your payoff or bribe. This “non-defense” is codified in New York Penal Law 200.15(2).
- Bribe Receiving in the Third Degree: NY Penal Law 200.10
- Bribe Receiving in the Second Degree: NY Penal Law 200.11
- Bribe Receiving in the First Degree: NY Penal Law 200.12
There are certain factors that can increase the degree or penalty of the crime that you will undoubtedly address with your attorney, but the central concept is fairly simple.Bribe Receiving: Penalties for Violating PL 200.10, 200.11 and 200.12
One need not be a philosopher to opine on the devastating penalties and consequences of a criminal conviction in New York. However bad any conviction may be, when it is a felony offense you find yourself facing at the time of your sentence, prison, a loss of many rights you take for granted, fines, years of probation, and many other ramifications await you.
Touching briefly on each of the felony offenses of Bribe Receiving, the potential sentences for these crimes are as follows:
Third Degree Bribe Receiving: A conviction for NY Penal Law 200.10 is punishable by as much as seven years in prison.
Second Degree Bribe Receiving: A conviction for NY Penal Law 200.11 allows a judge to sentence a defendant to as long as fifteen years in prison.
First Degree Bribe Receiving: The most serious Bribe Receiving crime, NY Penal Law 200.12, can leave a convict in prison for as long as twenty-five years.
Each of these sentences assumes that whomever is convicted is not a prior or predicate felon. If a defendant is, then the three crimes also have mandatory minimums respectively of two, three, and four and one half years in prison.
It is very easy for a friend, family member or even your criminal lawyer to question your alleged conduct, but an allegation is not synonymous with a conviction. No, your criminal defense attorney representing you in a Bribe Receiving investigation, arrest, indictment or trial won’t just tell you something you want to hear, but never lose sight of the fact that the prosecution always maintains the burden of proof. Could there be a response or answer to certain allegations, legal challenges to search warrants or other evidence secured by law enforcement, or a misrepresentation by another party trying to save his or her own skin? No doubt. Whatever your defense may be, put it into action and protect yourself.
When there is no substitute for knowledge, advocacy and experience, let Crotty Saland PC ‘s New York criminal lawyers and former Manhattan prosecutors be your best defense.
Call the New York Bribe Receiving criminal defense attorneys and former Manhattan prosecutors at (212) 312-7129 or contact us online today