Coercion in the second degree is a serious criminal charge in New York that can result in significant penalties, including imprisonment and fines. This charge involves using threats or intimidation to compel someone to engage in conduct they would not otherwise do. In this article, Eastcoastlaws.com will discuss the elements of coercion in the second degree in New York, the potential penalties for a conviction, and what you can do if you are facing these charges. Whether you are the accused or someone who is seeking to understand the law, this article will provide valuable insights into coercion in the second degree in New York.
Is Coercion A Felony In NY?
Coercion is a criminal offense in New York, and it can be charged as either a misdemeanor or a felony, depending on the specific circumstances of the case.
Coercion in the second degree, which involves compelling another person to engage in conduct by threat, is generally charged as a class A misdemeanor in New York. This offense is punishable by up to one year in jail and a fine of up to $1,000.
However, coercion in the first degree, which involves compelling another person to engage in conduct by threat and causing the victim to suffer a serious physical injury or commit a felony, is charged as a class D felony. This offense is punishable by up to seven years in prison and a fine of up to $5,000.
It’s important to note that the specific charges and potential penalties for a coercion offense can vary depending on the specific facts and circumstances of the case. It’s always best to consult with a criminal defense attorney if you are facing charges related to coercion or any other criminal offense.
Coercion In Second Degree Under New York Laws
Coercion crimes are comparable to bribery crimes. It involves one person putting pressure on another to go against their will and either do something or refrain from doing something. Coercion typically involves making a threat, such as the threat of physical harm, property damage, or the disclosure of a secret. If you attempt to coerce someone by making threats: You could be charged with coercion in the second degree under New York Penal Code section 135.60.
- Cause physical injury
- Cause damage to property
- Accuse someone of a crime
- Expose a secret
- Cause a collection labor groups activities such as a strike or boycott
- Testify or withhold testimony
- Use position as a public servant to adversely affect someone
- Harm another person’s health, safety, business, career, reputation or personal relationships
Sentence For Coercion In Second Degree In New York
Second-degree coercion is a class A misdemeanor. The maximum term of confinement is 1 year. Instead of jail time, the court can decide to sentence you to probation. The trial period would last for 3 years. In addition to potential jail time or probation, a conviction for coercion in the second degree may also result in other consequences, such as fines, community service, restitution to the victim, and a criminal record that can impact future employment and other opportunities.
There may be a number of defenses to a charge of coercion in the second degree, depending on the particular facts of your case. If the accusation centers on the victim sustaining a bodily injury, a potential defense would be that the victim’s wound was not severe enough to qualify as a physical injury under the criminal law of New York.
New York Penal Law § 135.60: Coercion In The second degree
A person commits second-degree coercion when they force or persuade another person to do something they have a legal right to refrain from doing, refrain from doing something they have a legal right to do, or force or persuade another person to join a group, organization, or criminal enterprise they have a legal right to refrain from joining, by creating in them the fear that, if the demand is not met, they will face consequences:
- Cause physical injury to a person; or
- Cause damage to property; or
- Engage in other conduct constituting a crime; or
- Accuse some person of a crime or cause criminal charges to be instituted against him or her; or
- Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or
- Cause a strike, boycott or other collective labor group action injurious to some person’s business; except that such a threat shall not be deemed coercive when the act or omission compelled is for the benefit of the group in whose interest the actor purports to act; or
- Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or
- Use or abuse his or her position as a public servant by performing some act within or related to his or her official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or
- Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his or her health, safety, business, calling, career, financial condition, reputation or personal relationships.
Hiring A New York Lawyer For Coercion Case In New York
If you are facing charges related to coercion in New York, it’s essential to hire a criminal defense attorney who is experienced in handling coercion cases. A skilled lawyer can help protect your rights, build a strong defense, and potentially minimize the consequences of a conviction.
First and foremost, it’s important to find an attorney who has experience handling criminal cases in New York. This experience should include working on coercion cases, as this will give them the knowledge and expertise necessary to navigate the complex legal system and effectively defend their rights.
When selecting an attorney, look for someone who has a track record of success in coercion cases. They should have a thorough understanding of the relevant laws and legal procedures, as well as the ability to anticipate the strategies and tactics that the prosecution may use against them.
Your attorney should also be able to communicate effectively with you and keep you informed throughout the legal process. They should be available to answer your questions and provide you with regular updates on your case.
In addition to experience and communication skills, your attorney should also have a strong work ethic and a commitment to defending your rights. They should be willing to put in the time and effort necessary to build a strong defense and negotiate with the prosecution on your behalf.
If you are facing charges related to coercion in New York, it’s important to act quickly to hire an experienced criminal defense attorney. With the right legal representation, you can protect your rights, build a strong defense, and potentially minimize the consequences of a conviction.