Official misconduct New York is a serious offense that occurs when public servant abuses their power or violates their sworn duties to benefit themselves or others. In the state of New York, this offense can result in criminal charges and severe legal consequences. Public officials who engage in misconduct can damage the public’s trust in government and compromise the integrity of institutions designed to serve the people. In this article, Eastcoastlaws.com will explore the details of official misconduct in New York, including the elements of the offense, examples of misconduct, potential penalties, and what to do if you are facing charges related to this offense. Understanding the seriousness of official misconduct in New York is crucial for maintaining the public’s trust and holding those in power accountable for their actions.
You must be a public employee in order to be charged with official misconduct under New York Penal Code 195.00, which is the first crucial requirement. If you are not a public worker, then your arrest by the NYPD or prosecution by a District Attorney in Westchester County or New York County is not viable nor legitimate as a matter of law. The term “public servant” is specifically outlined in the New York Criminal Law and is defined as any person who performs the duties of a public officer or employee. It doesn’t matter if the individual in question was elected or appointed to their office.
Official Misconduct: Element OF NY Penal Law 195.00
There are further requirements that law enforcement must meet after prosecutors have proven that you are a public employee before a judge or jury of your peers can find you guilty of Official Misconduct, New York PL 195.00. Also, it must be proven beyond a reasonable doubt by the district attorney or other prosecutor that you intended to either deprive another person of a benefit or to benefit yourself. Without stopping there, further components are required for your successful prosecution, as your criminal attorney will clarify. You should also
- Commit a particular and unauthorized act relating to your office and official function. Keep in mind that merely committing an unpermitted act is insufficient to violate this element. You must also be aware that your actions were unauthorized; or
- Knowingly refrain from following or complying with a duty required by law or that is inherent to your position regardless of its nature and scope.
Official Misconduct: Penalties For An NY Penal Law 195.00 Conviction
Official Misconduct is a class “A” misdemeanor that carries a maximum one-year prison sentence. Any and all time served for a conviction of NY Penal Code 195.00 in New York City (Manhattan, Brooklyn, Bronx, Queens, and Staten Island) is on Rikers Island. Similar to this, if you are found guilty and sentenced under NY Penal Code 195.00 in a Town Court, Justice Court, or City Court in the counties of Westchester, Rockland, Dutchess, or Putnam, you will serve your time in the jail of that county. Courts have the power to impose probation, community service, and fines as alternatives to jail as part of your punishment.
Even though official misconduct is not a felony, it is crucial to speak with a New York criminal attorney knowledgeable about this violation if you have been detained for it. Crimes that violate the public’s confidence are not only seen as more serious by law enforcement, from prosecutors to judges, but they also inevitably have collateral effects on your job and future.
Shutting down because of fear and the unknown will not benefit you or your family in any way, no matter how debilitating a claim of wrongdoing against a public servant or authority may be. Keep in mind that allegations are neither facts nor unquestionable proof. You have rights, and failing to use them wisely will probably put you in a worse situation than you anticipated.