Most people in New York City and the metropolitan area know bribery when they see it. Well, at least they think they do. To the average person, there is no mathematical formula that comes into play when determining whether or no your conduct constitutes bribery. Maybe it was only a few dollars to get into a club. Maybe it was much worse. Did you commit the crime of Bribery? Does it matter if this person was a public servant or a private citizen in the eyes of New York’s criminal law? Regardless of your own perception as to what constitutes the crime of Bribery in New York, you may be taking yourself down a path of not only misinformation, but a potentially criminal one as well. Should your actions be criminal in nature or perceived by prosecutors to be such, you will require the assistance of a New York criminal lawyer to rectify what allegedly transpired.
- Bribery in the Third Degree (New York Penal Law 200.00)
- Bribery in the Second Degree (New York Penal Law 200.03)
- Bribery in the First Degree (New York Penal Law 200.04)
One of the greatest concerns you will face if arrested, indicted or ultimately convicted for the crime of Bribery in New York (irrespective of whether the crime takes place in Manhattan, Queens, Brooklyn, Westchester or the Bronx), is the potential punishment you may receive. Because each degree of Bribery is a felony, even a first time offender faces a potential term of incarceration in state prison. While there is no mandatory minimum for Third or Second Degree Bribery, these crimes are punishable by up to seven and fifteen years respectively. Unlike the lower degrees of Bribery, there is a minimum mandatory term of imprisonment for Bribery in the First Degree. This offense is punishable by as “little” as one to three years and as much as eight and one third to twenty five years in state prison.
Often times the crime of Bribery, regardless of the degree, does not stand on an island. Other crimes that may be charged as part of a greater scheme or criminal plan include:
Although often confused with Bribery, Bribe Receiving is a distinct and separate crime.
It is important to note that there is at least one statutorily identified defense to Bribery found in the New York Penal Law. That defense is founder under New York Penal Law section 200.05. Generally, this statute states that if you bribe a public servant as a result of that person attempting to or actually committing the crimes of extortion or coercion against you, then there is a defense to your actions. Obviously, because this defense is a legal defense, you should consult with a New York criminal lawyer to ascertain whether or not it is applicable in your case.
Call our New York criminal lawyers and former Manhattan prosecutors at (212) 312-7129 or contact us online today