Commercial Bribe Receiving In The Second Degree: NY Penal Law § 180.05

by ECL Writer
Commercial Bribing In The Second Degree

Bribery constitutes the unlawful act of providing or receiving money or any valuable item to wield influence over a particular course of action. While public officials are often associated with bribery, it also prevails in the private business domain. New York’s criminal code encompasses a spectrum of bribery offenses, spanning from misdemeanors to class B felonies. Some charges pertain to offering a bribe, while others concern accepting one. If you are suspected of committing a bribery offense, the precise charge hinges on various factors, including your status as a public official, the monetary value involved, and the intended impact. According to New York Penal Law § 180.05, you could face a second-degree commercial bribe receiving charge if, without your employer’s consent, you solicit, accept, or agree to accept something valuable from another person, and, in return, provide a benefit related to your employer’s affairs. This charge applies when the conferred benefit is valued at $1,000 or less, and the detriment to your employer’s business is $250 or less.

Commercial Bribe Receiving In The Second Degree Sentence

Second-degree commercial bribe receiving constitutes a class A misdemeanor in New York. Conviction for this offense carries the potential consequence of a maximum one-year jail term. Additionally, you may face a probationary period of up to three years and be obligated to pay a fine as part of the penalty.

Defenses

Commercial bribe receiving requires that you accept something of value and in return, you influence the employee’s actions to benefit the person who gave you the thing of value. If you accepted the thing of value for a reason other than to influence your employer, then you would not be guilty of commercial bribe receiving.

New York Penal Law § 180.05: Commercial Bribe Receiving In The Second Degree

When an employee, agent, or fiduciary solicits, accepts, or agrees to accept any benefit from another person without the consent of his employer or principal with the understanding that the benefit will influence his conduct in relation to the affairs of his employer or principal, that action constitutes receiving a commercial bribe in the second degree.

Related Offenses

Hiring A New York Lawyer For Commercial Bribe Receiving In The Second Degree Case

When confronting a Commercial Bribe Receiving in the Second Degree case in New York, securing the services of a proficient lawyer is paramount. This charge, categorized as a class A misdemeanor, can have serious repercussions, including up to a year of incarceration, substantial fines, and a probation sentence lasting up to three years.

A seasoned New York lawyer specializing in criminal defense will prove invaluable in navigating these legal complexities. They will meticulously assess the details of your case, strategize a strong defense, and advocate vigorously on your behalf.

With a skilled attorney by your side, you can significantly enhance your prospects for a favorable outcome in your Commercial Bribe Receiving case while safeguarding your rights and interests.

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