Criminal Facilitation In The Fourth Degree: NY Penal Law § 115.00

by ECL Writer
Conspiracy in the first degree

Assisting someone in the commission of a crime constitutes a crime itself, known as criminal facilitation in New York. The New York criminal code delineates four levels of criminal facilitation offenses, with the least severe being criminal facilitation in the fourth degree. As per New York Penal Law § 115.00, one is charged with criminal facilitation in the fourth degree if they intentionally aid someone in committing a crime by:

  • Engaging in actions that enable the person to commit a felony, providing the means or opportunity for the crime.
  • If the aided person is under 16, the aider is over 18, and their actions furnish the means or opportunity for the crime and actually assist the minor in committing the crime.

Sentence

Criminal facilitation in the fourth degree, classified as a Class A misdemeanor, can lead to a sentence encompassing a maximum one-year jail term, a probation period of up to three years, and the imposition of a fine upon conviction.

Defenses

If you were compelled to assist in a crime due to coercion, a valid defense of duress may apply. According to New York Penal Law § 40.00, if you were forced to aid in a criminal act through physical force or threats of immediate physical harm, a legitimate defense against a criminal facilitation charge may be established.

It’s crucial to highlight that to secure a conviction for criminal facilitation in the fourth degree, the prosecutor must present evidence of your involvement in the crime beyond mere testimony from the actual perpetrator. Relying solely on the perpetrator’s testimony is insufficient to secure a conviction.

New York Penal Law § 115.00: Criminal facilitation in the fourth degree

A person can be charged with fourth-degree criminal facilitation if, with the belief that it is likely they are assisting:

  • Someone who has the intention to commit a crime, they engage in actions that supply that person with the means or opportunity to carry out the crime, effectively aiding that person in committing a felony.
  • A person under the age of sixteen who intends to engage in activities that would constitute a crime, and if the individual providing assistance is over eighteen years of age. In this case, they engage in actions that provide the underage person with the means or opportunity to commit the crime, effectively aiding that person in committing a crime.

Related Offenses

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

Hiring a New York lawyer for a Criminal Facilitation in the Fourth Degree case is essential for a robust defense. This charge involves aiding or abetting criminal activity, and a skilled attorney can help protect your rights and build a strong case. New York’s legal system is complex, and an experienced lawyer understands the intricacies of the law, evidence, and local court procedures. They can investigate the circumstances, challenge evidence, negotiate with prosecutors, and potentially secure reduced charges or dismissal. With a knowledgeable attorney by your side, you have the best chance of achieving a favorable outcome and protecting your future.

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