Giving and receiving bribes in New York State as well as New York City is often times a misunderstood transaction. In fact, while many New York criminal lawyers understand the law, most people do not realize that a critical element of any bribery related crime in New York is that the bribe receiver, for lack of a better term, must be a public servant. Moreover, while the type of benefit bestowed upon this public servant may have implications as to other crimes and is therefore less relevant to this charge, the value of the benefit is directly pertinent. Merely “bribing” a doorman, club promoter or even an accountant to act in a particular manner will not form the basis of this crime.
- Bribe Receiving in the Third Degree – New York Penal Law 200.10
- Bribe Receiving in the Second Degree – New York Penal Law 200.11
- Bribe Receiving in the First Degree – New York Penal Law 200.12
An extremely serious offense, Bribe Receiving is punishable by a maximum of at least seven years in prison for the lowest degree crime and up to a maximum of twenty-five years for the highest degree offense. The crime is viewed so seriously in the eyes of law enforcement and the courts, that 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).
Make no mistake. Bribe Receiving, just like Bribery, is a crime that prosecutors and courts view as a disregard of and for the public trust. A felony conviction, regardless of the degree, may land you in prison for a long time. Should you be investigated, arrested or indicted for Bribe Receiving in New York City or the metropolitan area, put yourself in the best position possible to understand the law and to implement a viable and strong defense.
Call the New York criminal lawyers and former Manhattan prosecutors at (212) 312-7129 or contact us online today