Criminal Facilitation In The First Degree: NY Penal Law § 115.08

by ECL Writer
Conspiracy in the first degree

If you assist another individual in committing a crime, you can be held criminally liable, even if you weren’t physically present when the crime occurred. This legal concept is known as criminal facilitation, and it encompasses four degrees of charges. The specific degree of facilitation charges you may face depends on three crucial factors: your age, the age of the person you aided, and the nature of the crime you facilitated.

The most severe form of criminal facilitation is classified as criminal facilitation in the first degree. According to New York Penal Law § 115.08, this offense is committed when you are at least 18 years old and you assist someone under the age of 16 in committing a Class A felony. Class A felonies are the most serious crimes under New York’s legal framework and encompass offenses such as first-degree murder, arson, first-degree kidnapping, and involvement in major drug trafficking.

Sentence

If found guilty of criminal facilitation in the first degree, which is classified as a Class B felony, your potential sentence could entail up to 25 years of incarceration, post-release supervision, and a substantial monetary penalty.

Defenses

If you were compelled to assist in the commission of a Class A felony against your will, you have not engaged in criminal activity. This legal defense is known as duress, which is defined as the act of another person physically coercing you into actions you wouldn’t willingly undertake or using the threat of physical force against you or a third party to compel you into actions you would otherwise refuse to perform.

New York Penal Law § 115.08: Criminal facilitation in the first degree

An individual is deemed to have committed criminal facilitation in the first degree when, with the belief that they are likely aiding a person under the age of sixteen in their intention to participate in actions that would qualify as a Class A felony, and when the individual themselves is over eighteen years old, they partake in actions that grant the said person the means or opportunity to carry out such a Class A felony. These actions indeed contribute to the commission of a Class A felony by the said person.

Related Offenses

Hiring a New York Lawyer for Criminal facilitation in the first degree case

Hiring a New York lawyer for criminal facilitation in the first degree case is imperative. This serious charge, under New York Penal Law Article 115, demands the expertise of a seasoned attorney who understands the intricacies of state law. First-degree facilitation involves assisting or encouraging a person to commit a Class A felony, and the consequences can be severe. A skilled New York attorney will assess the evidence, build a strong defense, and guide you through the legal process. They will work diligently to protect your rights and negotiate potential outcomes. A trusted lawyer is your best advocate in such a critical situation.

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