Bribery constitutes the act of providing or accepting money or other valuable items with the intent to exert influence. While bribery is commonly linked with public officials, it also occurs within the private sector. New York’s criminal code encompasses multiple bribery offenses, spanning from misdemeanors to class B felonies. If you’re under suspicion for a bribery offense, the specific charge you face hinges on various factors, including your status as a public official, the monetary value involved, and the intended influence sought through the bribery.
According to New York Penal Law § 180.00, you may be charged with commercial bribing in the second degree if you confer or offer a benefit to an employee without the employer’s consent to sway the employee’s job-related actions. This charge applies when the benefit’s worth is $1,000 or less, and the harm inflicted upon the employee’s employer amounts to $250 or less.
Sentence
Commercial bribing in the second degree is classified as a class A misdemeanor. A conviction for this offense may result in a jail term of up to one year. Alternatively, you could face a probationary period of up to 3 years and be obligated to pay fines.
Defenses
Commercial bribery entails the act of offering or conferring a benefit with the intent to influence an employee’s actions. If you provided an employee with a gift for a genuine and innocent purpose, it could serve as a legitimate defense against a commercial bribing charge. Furthermore, you would not be deemed guilty of commercial bribing in the second degree if you notified your employer of your intention to accept the offer.
New York Penal Law § 180.00: Commercial Bribing In The Second Degree
Commercial bribing in the second degree occurs when an individual confers, offers, or agrees to provide any benefit to an employee, agent, or fiduciary without the employer’s or principal’s consent, aiming to influence their behavior concerning their employer’s or principal’s matters.
Related Offenses
- Commercial bribe receiving in the second degree: New York Penal Law § 180.05
- Bribing a labor official: New York Penal Law § 180.15
- Sports bribing: New York Penal Law § 180.40
Hiring A New York Lawyer For Commercial Bribing In The Second degree Case
When facing a commercial bribing in the second degree case in New York, securing the services of a seasoned attorney is essential. These cases carry serious legal consequences, including the potential for class A misdemeanor charges, up to one year of imprisonment, probation, and fines.
A proficient New York lawyer can meticulously analyze your case, scrutinize evidence, and devise a tailored defense strategy. They can challenge the prosecution’s arguments, investigate the intent behind the alleged actions, and explore potential defenses, such as demonstrating the innocence of any conferred benefits. Navigating the intricate legal landscape of commercial bribing demands a knowledgeable attorney who can protect your rights and strive for the best possible outcome.
