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Bribery in the Second Degree

Any criminal defense attorney experienced with New York Bribery laws and crimes should quickly be able dissuade you of the belief that an arrest for Bribery, whether in Queens, Brooklyn, Manhattan, Rockland County or Westchester County, is an insignificant offense. A violent crime Bribery is not, but a significant felony it certainly is. Squarely in the middle of the Bribery crimes codified in New York Penal Law Article 200, Second Degree Bribery, New York Penal Law 200.03, shares many of the same elements of the other degrees of Bribery with only slight, but significant differences.

Second Degree Bribery: Understanding NY Penal Law 220.03

The elements of Second Degree Bribery, a class "C" felony, is best described through a hypothetical accompanied with some statutory wording. Regardless of whomever you, an accused may be, if you offer a public servant, any public servant regardless of his or her position, a benefit valued north of $10,000, and you do so under the guise or premise that the payment, gift or whatever you provide is accepted with the understanding that this public servant will return the favor, you have likely reached the threshold of violating NY Penal Law 200.03. More specifically, by “return the favor,” the New York Penal Law requires that you pay these monies, for example, because you believe the public servant intends to reciprocate, whether he or she does or not, by allowing you to influence their discretion, decision, or other action.

While most people think of Bribery as a crime involving bags of cash, keep in mind that the benefit that you are providing as an alleged briber to the bribee (I’m not sure if the latter is technically a word, but let’s run with it), can come in any form from gifts to services and trips to just about anything of value whether physical or otherwise.

Second Degree Bribery: Penalty for Violating NY Penal Law 200.03

The first issue you must confront upon conviction of and for Bribery in the Second Degree is the felony criminal record that will follow you for the rest of your days. As with any felony, a post-trial conviction or a pre-trial plea to PL 200.03 comes with numerous collateral consequences impacting matters including your legal status in the United States, professional licensing and certain rights. These frightening ramifications aside, even with a clean slate and no criminal history, a New York Supreme Court or New York County Court Judge can sentence you to as long as fifteen years in prison. While other penalties and punishments are allowable by law, it is of critical import that you limit your exposure to incarceration by working diligently with your criminal defense attorney. Beating a criminal case, securing a reduction of the charges and other challenges may be your first line of defense, but if all else fails, your New York Bribery lawyer can potentially argue for less jail, probation, community service or even a conditional discharge.

Whatever the Bribery allegations consist of and irrespective of the jurisdiction in New York where you are prosecuted, once your alleged acts of bribing a public servant exceed $10,000, know that whatever was bad now becomes far worse. As destructive as an investigation, arrest and conviction for Second Degree Bribery may be, inaction or poor decision involving the wrong legal counsel will further compromise your legal situation. Contact the New York criminal lawyers and former Manhattan prosecutors at Saland Law so experience, knowledge and advocacy can be your best defense.

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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