Criminal Facilitation In The Third Degree: NY Penal Law § 115.01

by ECL Writer
Conspiracy in the first degree

Engaging in criminal facilitation in New York entails participating in unlawful activities alongside another individual. When you aid, abet, or support someone in the commission of a crime, you too become liable for criminal facilitation. For instance, if you assist an individual in the illegal act of distributing controlled substances, say, by connecting them with potential buyers, you would be held responsible for the offense of criminal facilitation. Similarly, leaving the rear entrance of a retail store unsecured, thereby enabling another person to commit burglary or grand larceny, also constitutes a form of criminal facilitation. According to New York Penal Law § 115.01, if you are 18 or older and assist a minor under 16 in committing a felony, you are deemed to have committed criminal facilitation in the third degree.

Sentence

When found guilty of criminal facilitation in the third degree, classified as a Class E felony, potential penalties encompass a maximum incarceration period of 4 years, probation lasting up to 5 years, and a significant monetary fine.

Defenses

A frequently employed defense against a third-degree criminal facilitation charge is the argument of duress. If you were coerced into assisting someone in committing a crime under the threat of harm to you or another individual and did not willingly participate, you have a valid basis to contest the charge successfully. However, it’s crucial to understand that it’s not a valid defense to claim that the person you aided in the alleged crime was not ultimately convicted of committing that crime.

New York Penal Law § 115.01: Criminal facilitation in the third degree

An individual found culpable of third-degree criminal facilitation in the context of a minor under sixteen intending to engage in a felony, must, when over eighteen years of age, engage in actions that enable or provide the opportunity for the minor to commit the felony. It is a violation when the person, with the belief that their actions will likely aid the minor in committing a felony, actively supports and assists the minor in the commission of said felony.

Related Offenses

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

Hiring a New York lawyer for a criminal facilitation in the third degree case is paramount when facing serious legal implications. This charge alleges aiding another person in committing a crime, and the consequences can be severe. An experienced New York attorney will navigate the complexities of state law, build a strong defense, and protect your rights. They’ll investigate the circumstances, analyze evidence, and explore potential mitigating factors. With their knowledge of local courts and precedents, they can negotiate with prosecutors, aiming for reduced charges or dismissal. Trusting a skilled attorney in such cases is crucial to safeguard your future and legal standing.

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