In New York, bribery is divided between two articles of penal law code based upon whether or not the bribery involved a public servant. However, regardless of the whether or not a public servant was present, bribery is still a very serious charge. Most bribery convictions in New York are classed as felony offenses, which can lead to years of incarceration, as well as future difficulties when it comes to securing employment and housing. Even beyond the quantifiable consequences, a conviction of bribery can destroy your name, your reputation, and your personal life.
If you are facing bribery charges, do not attempt to represent yourself in court. To ensure that the best possible conclusion for your case is reached, you need a skilled and seasoned New York City bribery attorney. Dietrich P. Epperson has years of experience defending the residents of New York City from even the most serious allegations. Time and time again, he has secured favorable outcomes for his clients, and he can do the same for you. Call (347) 561-0025, or schedule a consultation online. Consultations are always free and 100% confidential, and can be arranged 24 hours a day, seven days a week. Don’t wait for the hole to deepen — call Dietrich P. Epperson today to start tackling your charges head-on.
Bribery Involving Public Servants
Bribery involving public servants is covered by Article 200 of the New York Penal Law. The most common offenses handled by Article 200 are bribery, and bribe receiving.
Bribery in the 3rd and 2nd Degree
Under Article 200, a person is guilty of bribery in the 3rd Degree when he or she benefits (or agrees to benefit) a public servant in any way, in order to sway that public servant’s vote, judgment, decision, or any other action taken as a public servant. Bribery in the 3rd Degree is a Class D Felony, punishable in New York by up to seven years in prison.
The definition classifying bribery in the 2nd Degree is the same, with the added point that the benefit given or agreed to be given in the future exceeds $10,000 in value. Bribery in the 2nd Degree is a Class C Felony, punishable in New York by up to fifteen years in prison.
Bribery in the 1st Degree
Bribery in the 1st Degree is the classification given to bribery that occurs within the definitions describing to bribery in the 2nd and 3rd Degree, with the added point that the goal of the bribe was specifically to cause a public servant to be swayed regarding the arrest, prosecution, incarceration, or investigation of someone who had committed a Class A Felony. Bribery in the 1st Degree is a Class B Felony, punishable in New York by up to twenty five years in prison.
Bribe Receiving in the 1st, 2nd, and 3rd Degree
The definitions Article 200 uses to describe bribery in the 1st, 2nd, and 3rd Degrees also apply to bribe receiving, with the direction of the bribe being of course reversed. It should be noted that a crime is considered bribe receiving regardless of whether that bribe was actively solicited, or passively accepted. The classification of felony charges is the same.
Bribery Not Involving Public Servants
Bribery not involving public servants is covered by Article 180 of the New York Penal Law. Some of the most common offenses handled by Article 180 include commercial bribing, commercial bribe receiving, and rent gouging.
Commercial Bribing and Commercial Bribe Receiving in the 2nd and 1st Degree
It is commercial bribing in the 2nd Degree when an individual gives or agrees to give any benefit to an employee, without the consent of that employee’s employer, with the goal of influencing the employee’s conduct in regard to their employer’s professional or personal affairs. Commercial bribing in the 2nd Degree is considered a Class A Misdemeanor in New York, which can result in a fine of up to $1,000 in addition to a maximum of a year in prison.
The same guidelines apply to commercial bribing in the 1st Degree, with the two added stipulations that both: 1.) the benefit given or agreed to be given exceeds $1,000 in value, and 2.) the bribe results in monetary damage to the employer in an amount exceeding $250. Commercial bribing in the 1st Degree is considered a Class E Felony in New York, which can result in up to four years in prison.
The parameters and penalties for commercial bribe receiving are the same, with the direction of the bribe being reversed.
There are millions of apartments in New York City, so unfortunately, the opportunities for rent gouging are virtually without limit.
Rent Gouging in the 3rd and 2nd Degree
Under Article 180, it is rent gouging when a landlord accepts, agrees to accept, or actively solicits payment in addition to the already set legal rent, with the implication that receiving the extra money will boost the tenant’s chances of keeping the apartment, while failing to pay the extra money will reduce the tenant’s chances of holding on to the property. Hence the name: the landlord is “gouging” for extra rent.
It is rent gouging in the 3rd Degree when the amount of extra money is less than $250. Rent gouging in the 3rd Degree is considered to be a Class B Misdemeanor, which is punishable by up to three months in prison and a fine of up to $500.
It is rent gouging in the 2nd Degree when the amount of extra money is $250 or greater. Rent gouging in the 2nd Degree is considered to be a Class A Misdemeanor, which is punishable by up to one year in prison and a fine of up to $1,000.
Rent Gouging in the 1st Degree
It is rent gouging in the 1st degree when the individual charged with rent gouging accepts, agrees to accept, or actively solicits payment in three separate transactions from one or more people.
If you or someone you know is facing allegations of rent gouging, or of committing or accepting any form of bribery, you need an experienced New York City bribery attorney immediately. Contact Dietrich P. Epperson today.