The first critical element of New York Penal Law 195.00, Official Misconduct, is that the accused must be a public servant. "Public servant" is explicitly defined in the New York Penal Law and is defined as a public officer or employee of the state or any person who exercises the functions of a public officer or employee. It makes no difference if the person is appointed or elected.
Once it has been established that the defendant or accused is a public servant, in order for that person to be guilty of the crime of Official Misconduct (NY PL 195.00), he or she must, with the intention either deprive another of a benefit or to obtain a benefit either:
- Commit a particular act relating to his or her office that constitutes an unauthorized exercise of his or her official functions. The accused must be aware that his or her actions or unauthorized; or
- Knowingly refrain from following or complying with a duty required by law or that is inherent to his or her position.
An "A" misdemeanor, Official Misconduct is punishable by up to one year in jail. In New York City (Manhattan, Brooklyn, Bronx, Queens and Staten Island), time served for a conviction of 195.00 would be on Rikers Island.
Although not a felony, it is imperative to consult with an New York criminal lawyer experienced in the crime of Official Misconduct if you have been arrested for this crime. Not only are crimes that betray the public trust magnified in the eyes of law enforcement, but the collateral consequences to your career and future are potentially imperiled as well.
- When the Police Withhold Evidence is the Crime of Official Misconduct Committed
- Rude & Unprofessional Police Conduct: The Official Misconduct Threshold
- Further Analysis of Official Misconduct
Call the New York criminal lawyers and former Manhattan prosecutors at (212) 312-7129 or contact us online today