Official Misconduct in New York

Are You at Risk of Prosecution?

You can be charged with official misconduct in New York, or one of several related charges, if you:

Violate your duties as a public servant or juror to benefit or deprive someone of a benefit;
Received a reward for violating your duties;
Reward someone else for violating their duties; and/or
Accept tips you are not entitled to as a public servant.

At a glance, these charges seem like they might only apply to a few specific cases.

A cop abusing his power to harass a neighbor he doesn’t like;
A politician pulling strings to get his friends out of trouble;
A judge who dismisses cases for people he knows.

The reality, however, is that not all cases are so dramatic. In the eyes of the law, any government employee of the State of New York, or any city or town within the state, is considered a public servant. New York has hundreds of thousands of public servants, and any one of them can be charged with official misconduct.

Examples

Here are some unassuming actions that could lead to you receiving misconduct charges:

As a firefighter, you accept a tip after putting out a kitchen fire in a grateful woman’s home.
As a school administrator, you bump up a student’s grades because her mom owns a bakery and brings you cookies once a week.
As a public nurse, you withhold a patient’s pain medication because they have been rude and racist for their entire stay in the hospital.
As a juror, you agree to vote that a defendant is not guilty before the trial even starts, because he seems like a nice guy.

The Legal Definition of Official Misconduct

There are several state statutes relating to official misconduct within the New York Penal Law. These charges range from a violation all the way up to a Class C felony, depending on the circumstances of your case.

195.00 – Official Misconduct

This charge is for public servants who abuse the powers of their office to benefit themselves or harm others.

To be found guilty of this crime, the prosecutor must prove that you: knowingly committed an unauthorized activity related to your office; and/or knowingly refrained from performing the duties of your office; and intended to benefit or deprive someone else of a benefit.

You must be a public servant to be charged with this crime. This offense is a Class A misdemeanor.

200.20 – Rewarding Official Misconduct in the Second Degree

This charge is for anyone who knowingly rewards, or offers to reward, a public servant for having committed official misconduct. You can still be charged with this crime if you make an offer and the public servant refuses it. The key elements of this crime are that you gave or offered a reward, and did so knowingly and purposely.

You do not need to be a public servant to be charged with this crime. This offense is a Class E felony.

200.22 – Rewarding Official Misconduct in the First Degree

This charge is almost identical to the same crime in the second degree, but must involve attempting to interfere with an investigation, arrest, detention, prosecution, or incarceration related to the Class A felony cases outlined in Article 220. That’s a mouthful, but it’s simpler than it sounds.

The possession or sale of some controlled substances (e.g., methadone, methamphetamine, hallucinogens, and narcotics) is a Class A felony in New York State. If you knowingly attempt to reward a public servant for violating their duties in the process of working on these Class A felony cases, you will be charged with rewarding official misconduct in the first degree.

You do not need to be a public servant to be charged with this crime. This offense is a Class C felony.

200.25 – Receiving Reward for Official Misconduct in the Second Degree

This charge is for public servants who seek out, accept or agree to accept rewards for having committed official misconduct. The prosecutor must prove you did this while acting as a public servant.

You must be a public servant to be charged with this crime. This offense is a Class E felony.

200.27 – Receiving Reward for Official Misconduct in the First Degree

This charge is almost identical to the same crime in the second degree but must involve violating your duties in an investigation, arrest, detention, prosecution, or incarceration related to controlled substance Class A felony cases.

You must be a public servant to be charged with this crime. This offense is a Class C felony.

200.35 – Receiving Unlawful Gratuities

This charge is for public servants who seek out, accept or agree to accept illegal tips for engaging in official conduct. That’s right: official conduct. Even if you do your job properly, and don’t violate the duties of your office, you still need to be wary of accepting rewards.

Tipping might be a normal social convention you often see in restaurants, hair salons, and bars, but that doesn’t mean you can accept tips as a firefighter or police officer. If you’re a government employee, you’re probably not entitled to tips.

You must be a public servant to be charged with this crime. This offense is a Class A misdemeanor.

215.28 – Misconduct by a Juror in the Second Degree

This charge is for jurors who release information related to their assigned court case for payment or other rewards. It does not matter who is seeking out or offering a reward for the information; jurors must not release privileged information, to anybody, about pending court actions or proceedings before they are discharged from jury duty.

You can be charged with the offense if you have served or are currently serving on a jury. This offense is a violation.

215.30 – Misconduct by a Juror in the First Degree

This charge is for jurors who agree to give a vote, opinion, judgment, decision, or report for or against any party in a pending court action or proceeding. In simpler terms, this is a punishment for failing to act as a fair and impartial juror. You cannot agree to vote, speak, or feel a certain way about a court action or proceeding that has not yet happened.

You can be charged with the offense if you have served or are currently serving on a jury. This offense is a Class A misdemeanor.

Related Offenses

Charges of official misconduct may be brought in addition to, or in place of, charges for certain other related offenses under New York Penal Law. These include:

Bribery in the Third, Second, or First Degree

This charge is for anyone who rewards or offers to reward, a public servant in an attempt to influence their votes, actions, or decisions. This crime is charged in the third degree if the value of the bribe is valued at less than $5,000.

This crime is charged in the second degree if the value of the bribe is valued at more than $5,000, but less than $100,000. This crime is charged in the first degree if the value of the bribe is valued at more than $100,000 or the bribe is intended to influence a controlled substance Class A felony case.

This crime is a Class D, C, or B felony depending on the severity of the charge.

Bribe Receiving in the Third, Second, or First Degree

This charge is for public servants who seek out, accept, or agree to accept rewards in exchange for influence over their votes, actions, or decisions as a public servant.

This crime is charged in the third degree if the value of the bribe is valued at less than $5,000.

This crime is charged in the second degree if the value of the bribe is valued at more than $5,000, but less than $100,000.

This crime is charged in the first degree if the value of the bribe is valued at more than $100,000 or the bribe is intended to influence a controlled substance Class A felony case. This crime is a Class D, C, or B felony depending on the severity of the charge.

Bribe Receiving by a Juror

This charge is for jurors who seek out, accept, or agree to accept rewards for voting, judging, deciding, or otherwise acting in a certain way while on the jury. This might sound familiar to misconduct by a juror in the first degree, but note the difference: this charge involves receiving a payment or other reward.

This crime is a Class D felony.

Who Detects, Investigates, and Prosecutes Official Misconduct?

As criminal charges, all of the aforementioned misconduct crimes are prosecuted by the State of New York. Whether you are a public servant or not, the State of New York will always be the entity prosecuting you in a court of criminal law. The State prosecutes and punishes misconduct crimes to ensure that government power is not abused and our jury-centric judicial system remains as fair and impartial as possible.

Because of the varied nature of misconduct crimes, it is not always easy to say which agencies will detect and investigate them.

For example, the New York Drug Enforcement Task Force does not make a point to seek out official misconduct. Their primary objective is to disrupt and prosecute major drug trafficking operations. During the process of a methamphetamine investigation, however, they might detect a case of rewarding official misconduct in the first degree and pass off the information to NYPD detectives or the Suffolk County Narcotics Bureau. From there, an investigation could lead to prosecution on the state level.

This is just one example of the myriad ways official misconduct crimes can be detected and investigated. There is no strict path that the detection or investigation of these crimes consistently takes, due to the varied nature of the crimes and the wide array of public servant positions and duties.

Statutory Penalties

The statutory penalties for official misconduct vary considerably depending on the specific charge(s) you receive. The penalties can include fines, prison time, or a combination of both.

Official Misconduct

This conviction is a Class A misdemeanor.
The maximum fine is $1,000, and the maximum prison sentence is one year.

Rewarding Official Misconduct in the Second Degree

This conviction is a Class E felony.
The maximum fine is $5,000, OR double the amount you gain from the crime and the maximum prison sentence is four years.

Rewarding Official Misconduct in the First Degree

This conviction is a Class C felony.
The maximum fine is $5,000, OR double the amount you gain from the crime and the maximum prison sentence is fifteen years.

Receiving Reward for Official Misconduct in the Second Degree

This conviction is a Class E felony.
The maximum fine is $5,000, OR double the amount you gain from the crime and the maximum prison sentence is four years.

Receiving Reward for Official Misconduct in the First Degree

This conviction is a Class C felony.
The maximum fine is $5,000, OR double the amount you gain from the crime and the maximum prison sentence is fifteen years.

Receiving Unlawful Gratuities

This conviction is a Class A misdemeanor.
The maximum fine is $1,000, and the maximum prison sentence is one year.

Misconduct by a Juror in the Second Degree

This conviction is a violation.
The maximum fine is $250, and the maximum prison sentence is fifteen days.

Misconduct by a Juror in the First Degree

This conviction is a Class A misdemeanor.
The maximum fine is $1,000, and the maximum prison sentence is one year.

Keep in mind that you may receive less time if you have a spotless record, more time if you’re a repeat offender, and yet even more time if you are convicted of several crimes at once.

Additional Consequences

Official misconduct and its related crimes are serious convictions that could follow you long after the fines are paid and the prison sentences are served. If convicted, you will have a criminal record for the rest of your life. This can affect your future educational, employment, and professional opportunities.

The consequences can be particularly severe if you are a public servant. That’s right: not only are public servants at increased risk of being charged with these crimes, but they face some of the most serious repercussions if convicted:

You would likely be fired from your government job – a truly devastating blow.
You would lose your income, making it hard to keep up with bills and afford rent or mortgage payments.
You would lose your health insurance and related benefits, making it difficult to stay healthy and afford any medications or procedures you or your family might need.
You might even lose your pension, which could ruin your retirement plan.

In addition, many public servant careers have no private sector equivalents. If you are a firefighter or police officer in NYC and get fired by the FDNY or NYPD, you might need to relocate to obtain a similar job. Fines and prison sentences are only the beginning. Official misconduct convictions can have long-lasting and far-reaching negative consequences in all facets of your life.

Legal Defenses to Official Misconduct Charges

Luckily for you, it is possible to fight these charges and win your case – with the right counsel. Experienced defense attorneys know how to challenge the prosecution and protect you in a court of law by attacking the elements of each crime:

Official Misconduct

The burden of proof is on the prosecutor to prove that you committed an unauthorized activity related to your office, that you did so knowingly, and that you intended for your action to benefit or deprive someone of a benefit.

Is there concrete evidence of you committing the accused, duty-violating action?
Can the prosecutor prove that you knew the accused action was unauthorized?
Did someone benefit from the accused action? Did you deprive someone of a benefit? If not, can anyone prove your intent to do either of those things?
Is the action directly related to your duties as a public servant?

Rewarding Official Misconduct in the Second or First Degree

The burden of proof is on the prosecutor to prove that you knowingly gave, offered to give, or attempted to give a benefit to a public servant for violating their duties. For a first degree conviction, they must also prove that the public servant’s duties related to a controlled substance Class A felony case.

Is there concrete evidence of you giving or offering a benefit to the public servant?
Can the prosecutor prove you knew your offered benefit was related to the public servant’s action(s)?
Can the prosecutor prove you knew the duties of the public servant’s office, and therefore what actions would violate it?
If charging in the first degree, can the prosecutor prove the connection between the offered benefit and the controlled substance case?

Receiving Award for Official Misconduct in the Second or First Degree

The burden of proof is on the prosecutor to prove that you sought out, accepted, or agreed to accept a benefit for violating your duty as a public servant. For a first degree conviction, they must also prove that your violated duties related to a controlled substance Class A felony case.

Is there concrete evidence of you seeking out, accepting, or agreeing to accept a benefit?
Can the prosecutor prove that the benefit you sought out or accepted was related to your duties as a public servant?
Is there concrete evidence of you committing official misconduct?
If charging in the first degree, can the prosecutor prove the connection between the benefit acceptance and the controlled substance case?

Receiving Unlawful Gratuities

The burden of proof is on the prosecutor to prove that you sought out, accepted, or agreed to accept unentitled tips for engaging in the official conduct of your office.

Is there concrete evidence of you seeking out, accepting, or agreeing to accept a tip?
Can the prosecutor prove that the tip you received was related to your official duties as a public servant?
Were you conduct required or authorized? Could the tip have been for doing something beyond (but not against) the duties of your office?

Misconduct by a Juror in the Second or First Degree

The burden of proof is on the prosecutor to prove that you, while acting as a juror, supplied privileged information about a trial for a benefit OR agreed to vote, speak, or decide for or against any party prior to the relevant court action or proceeding.

Is there concrete evidence of you supplying privileged information, or agreeing to act a certain way?
If you supplied privileged information, can the prosecutor prove you or someone else received a benefit directly related to the information? Can they prove supplying the information was not an accidental slip-of-the-tongue?

If you agreed to act a certain way, can they prove it was for or against any particular party in the court case?

Call us for help.

Don’t risk your future. These charges won’t go away on their own, and neither will the consequences if you’re convicted. Our criminal defense attorneys know how to help you avoid fines, prison time, and a lifelong criminal record.

Whether you’re a public servant who can’t afford to lose your career or just a regular New Yorker facing a tough charge, the Blanch Law Firm has your back.

For questions about official misconduct in New York, or to discuss your case confidentially with one of our criminal defense attorneys, do not hesitate to contact us. We’re here to help you every step of the way.