Bribing in simple terms means influencing or intending to alter the action of an individual for bribing parties’ benefit. These are often in the form of gifts, monetary payments, services, favors, etc. In bribery, both the parties giving and accepting the bribe can be charged. You need a criminal defense lawyer near Bath, NY, to help you understand the standing of your case if you are being charged.
Bribery happens in different situations:
It can be a simple act of bribing a public official money to avoid the legal hassles of breaking a traffic signal rule. Or it can be as complex and violent as bribing someone to carry out a criminal act.
Often Bribing is confused with Extortion. However, there is a significant difference in both.
Bribing is offering a reward to the compliant party. Extortion is the threat of a violent act in case of non-compliance.
Bribery is considered a federal crime if there is a public official involved.
What are the elements to secure a conviction of Federal Bribery charges:
– Individual being charged is a public official.
– High-value tangible or intangible thing is offered. Tangibles like gifts, cars, money, etc., and intangible like support or influence to carry out a task.
– Bribing during an official act like elections or voting.
-The charges must not be only on suspicion but should involve a direct relation between the bribe and the act for which an individual is bribed.
-There is no written proof required to prove bribery, intent of corruption is enough to be charged.
What is the New York Statute of Bribery?
There are three degrees: First, Second and Third degrees.
The first degree includes offering a Public servant benefit, knowing that the public servant’s opinion and action are influential.
Second-degree bribery includes offering a Public servant bribe more than 5k dollars to carry out the desirable action.
Third-degree bribery includes offering a Public servant bribe of more than 100k dollars to carry out the desirable action.
Any of the above scenarios can give severe imprisonment depending upon the crime scene it is carried on. It also depends on the federal law of the state.
Conclusion: Bribery with wrongful intent can be severely punished. Hence it is always advisable to connect to an experienced lawyer who knows the ins and out of the scenarios in which the act can be seriously charged or can be managed at a different level.