Bribery is a crime that can be charged against a person offering or accepting a bribe. One doesn’t have to receive a bribe for him or her to be charged with bribery.
There are various statues that deal with bribery in Los Angeles. The reason for this could be because the society considers the crime offensive. In simple terms, bribery can be defined as using a gift or money to corrupt a public officer. In California, there are a number of penal code sections dealing with laws involving bribery. Here are a few examples what such sections deal with:
1. Bribery involving legislative officers
2. Commercial bribery
3. Bribery involving judicial officers and jurors
4. Bribery involving public employees
5. Bribery involving supervisors and public corporations
6. Bribery involving witnesses
Bribery is defined in detail under Penal Code 641.3(a).
Elements of bribery charges in Los Angeles
It is always the work of the prosecutor to prove the specific elements of any crime. The same applies to bribery. Anyone charged with bribery is innocent until the prosecutor proves otherwise. Despite your case’s facts, the prosecutor must prove beyond reasonable doubt that:
1. You indeed gave, or offered to give a public official, or
2. A public official received, agreed to receive, or asked for something of value to unlawfully influence an official matter.
The purpose of the bribe could be to:
1. Influence a vote
2. Receive a contract
3. Get a bill passed
4. Get out of a ticket
In Los Angeles, a public official (or officer) refers to judges, jurors, police chiefs, police officers, district attorneys, deputy city coroners, state senators, or witnesses.
Bribery is somewhat different from other crimes; both the person who offers the bribe and the person who accepts the bribe may be convicted. Nevertheless, if you have been charged with bribery, there are various defenses, which your Los Angeles bribery defense attorney can apply to protect your career, reputation, and name.
Penalties for the criminal offense of bribery
Crimes involving bribery are usually taken seriously in Los Angeles. Bribery is a felony offense, meaning any convicted person faces serious criminal penalties. The penalties for this crime include large fines, time in state prison or county jail, and forfeiture of office.
If the bribe is $1000 or less, the jail time is one year. However, if the bribe is more than $1000, the penalty is imprisonment in state prison or county jail for a period of up to 3 years.
If the convicted individual did not receive the bribe, he or she will be required to pay a fine of between $2000 and $10000. On the other hand, if the individual actually received the bribe, the fines will be greater.
Public officers charged with this crime risk losing their positions.
A record of bribery will have a negative influence on your prospects. For instance, it will be difficult to get employed if you have a record bribery.
Please note that the only way to succeed in a bribery case is to have a reputable Los Angeles bribery lawyer. You cannot be convicted if there is no corrupt intent. You may have been charged or arrested due to a misunderstanding.
The prosecutor will work hard to ensure you are behind bars, whether you committed the crime or not. Anything you say at the time of arrest could be used as evidence. Furthermore, the activities you are involved in while under investigation could also be used to link you to the crime. It is therefore important to have a good attorney by your side.
If you have been charged with bribery, we urge you to contact an experienced Los Angeles bribery attorney. Our law firm will help you achieve a positive outcome.
Los Angeles Bribery of California Legislators or Elected Officials
When it comes to the letter of the law in California’s penal code, often what you’ll find there is complicated at best and convoluted at worst. It’s anyone’s guess as to why this is the case, but it doesn’t necessarily have to be this way. In fact, when you break the law down into easily digestible parts, the whole thing goes from being a daunting exercise in trying to understand a mountain of legalese to being able to understand the charges involved and begin to mount your defense. In this post we’re going to take a look at California law when it comes to bribery of California legislators or elected officials, get into some definitions, the punishments, and figure out a way that you can defend yourself. Let’s get started with a few definitions.
Definitions for Bribery of California Legislators or Elected Officials
The word bribe is pretty broadly defined in California law. A bribe happens when a legislator or elected lawmaker trades their vote for money, or something else of value. This charge goes both ways: You can be charged for either offering or accepting a bribe, both with stiff consequences. Now that we’ve gotten the definitions out of the way, let’s have a look at the punishments involved.
Punishments for Bribery of California Legislators or Elected Officials
Like we said before, being charged with this crime carries a pretty stiff penalty. In fact, the conviction includes possible imprisonment, fines, forfeiture of whatever office you hold, and disqualification from any kind of future office. If you end up being convicted of the crime of bribery, you can end up being sent to state prison for two to four years. You might even end up having to pay a restitution fine to make up for the amount of the bribe, and that can involve a charge between $2,000 and $10,000 is the bribe wasn’t actually received, or else at least the amount of bribe that was received or $2,000, whichever is the greater amount, or any larger amount that isn’t more than the amount you received or $10,000, whichever amount is greater. Along with that, again, it’s important to keep in mind that you’ll have to forfeit any kind of office you might have at the time, and this is also going to forfeit you from any future office that you might want to hold in the future. So now that we have an understanding as to the severity of the charges for this crime, let’s figure out how you can defend against it.
Defense for Bribery of California Legislators or Elected Officials
Like we’ve said before, there are a few possible defenses that you can claim if you’re looking to avoid potential charges when it comes to this crime. These include claiming that you didn’t have the intent to offer or accept a bribe, that this was a case of entrapment, that you were coerced to do this, or that you were intoxicated when the so-called bribe took place. As you can see, you’ve got options when it comes to defending yourself from charges of this crime.
No matter what, we’ve got you covered.
As you can see, breaking down the letter of the law into its key components makes it so much easier to not only understand the law but actually get it to work in your favor. So if you’re currently facing some legal trouble or think that you might be facing some in the future, you should reach out and get in contact with us today. We’ll make sure you’re taken care of.
Los Angeles Bribery of Country Supervisors and Public Corporations Lawyers
In the state of California, bribery of a county supervisor or a public corporation is a violation of Penal Code 165 pc, and it comes with severe consequences. Not only can bribing a county supervisor or public corporation ruin your reputation, but it can end up costing you your freedom. This is why a person who has been charged with violating Penal Code 165 pc, will need an experienced attorney that has the capacity to help you effectively negotiate the rugged terrain of defending yourself against the allegations.
Our law firm has a number of lawyers who have the experience and the resources to examine and investigate the facts of the case to look for discrepancies and mistakes made by the investigators for the prosecution.
For legal purposes, a bribe is defined as any instance in which a public official trades their vote or other forms of influence for money, or something else of value. When it comes to prosecuting bribery, a person can be charged for participation on either side of the spectrum — offering or receiving a bribe.
When it comes to Penal Code 165 pc, the violations that are targeted deal with bribes by or of a county supervisor, as well as other government officials. This particular penal code makes it a felony offense for anyone to offer or give a county supervisor, or for any supervisor to receive, or offer to agree to receive, anything of value associated with a corrupt intent, for the purpose of influencing the supervisor’s actions in any official capacity.
Others who are also affected by this code include:
As with every criminal case, the burden of proof rests on the prosecutor and the state. In the process of attempting to prove their case, the prosecutor can use an array of evidence, which includes circumstantial and direct evidence. If you have been accused of bribery, it will be imperative to have an attorney represent you who has a lucid understanding of the bribery laws in the state of California. Here at our law firm, we are dedicated to providing you with the representation necessary to ensure that you are treated fairly throughout the process.
As your defense attorneys, we will use all of the resources at our disposal to challenge the idea of your guilt, including proving the lack of corrupt intent, arguing entrapment, introducing intoxication as a defense, suggesting coercion and more.
Most bribery cases will normally come down to which side is most believable to the jury, making an experienced attorney even more valuable to your cause — having the ability to effectively tell your story, while presenting you in a good light.
The penalties for bribery can be severe, with possible prison time, loss of office and the disqualification from ever holding office in the state in the future.
Fortunately, we can help you if you have been accused of offering or accepting a bribe. Simply contact our office to schedule an initial consultation to speak with one of our attorneys, so that we can go over the details of the case. If you cannot make into the office, we also offer over-the-phone consultations.
With so much on the line, you will want to make sure that you have an attorney that is capable of fighting for you, in order to ensure that you have the best possible defense.
Los Angeles Bribery of Executive Officers or Public Employees
The crime of bribery of executive officers or public employees falls under a broad-reaching legal code. Penal Codes 67 and 68 PC states that any district attorney, police chief, building inspector or traffic clerk who accepts a bribe of any kind, in the course of doing their job, can be charged and convicted of the crime of bribery. Because of the wide range of things of value that could be considered a bribe, bribery is one of the most common offenses for which public officials are convicted. Bribery does not have to be monetary, it can be vacation tickets, or a new roof for the house, etc.
Bribery is a serious offense that can not only damage your career and reputation, but it can also land you in jail.
What exacerbates bribery charges is the complex nature of the law that can be difficult to interpret at times. This is why it is immensely important for you to contact a reputable and experienced attorney who understands California bribery law if you have been charged with the crime of bribery. At our law firm, we have experienced attorneys who are familiar with bribery laws, and we can help prepare an adequate defense for your case. Our attorneys will be able to navigate through the complexity of the case, identifying any discrepancies in the evidence, as well as uncovering evidence that may not have been discovered at the time you were charged.
Having an experienced attorney represent you provides a buffer between those who are looking to potentially take away your freedom and reputation, ensuring that you are not left to defend yourself on your own.
The Basic Legal Definition of a Bribe
Under California penal code, bribery is broadly defined as any act in which a public official accepts anything of value with corrupt intent. If an official accepts anything of value that could, in essence, impact a decision or action, they have committed the crime of bribery. It is important to understand that bribery is a crime that is punishable on both sides of the transaction. The person offering, and the person receiving a bribe are both guilty of bribery.
Additionally, the bribe does not actually have to take place for you to be charged with the crime of bribery. Offering either a bribe or agreeing to accept a bribe is considered just cause for being charged with the crime of bribery.
Penal Code 67 PC Bribery of Executive Officers
Penal Code 67 PC makes it a felony to bribe or offer a bribe to any executive officer. Executive officers include:
Penal Code 68 PC — Bribery of Public Employees
Penal Code 68 PC makes it a felony to offer or give a bribe to public employees, which includes any public employee, such as a traffic clerk or court clerk, etc.
Legitimate Defenses against Bribery Charges
There are certain legitimate defenses against bribery charges, including:
Mounting a successful defense against bribery can be a difficult endeavor that often boils down to who the jury finds most believable. This makes it paramount to hire an experienced and reputable attorney who will be able to present your case to a jury in a manner that is believable — effectively shedding the proper light on what actually transpired.
If you or a loved one has been charged with bribery, you should contact our offices immediately to schedule your initial consultation, so that we can review the details of the case, and start the process of building your defense.
Los Angeles Bribery of Judges or Jurors Lawyers
When a person presents currency or anything else of value to a judge, legal official, or juror with the intention of influencing the decisions of those officials in regard to a case, that person is committing the crime of Bribery. In such a case, both the person offering the bribe, as well as the judge, legal official, or juror receiving the bribe can be guilty of criminal Bribery. California Penal Code Section 92 PC is the law covering: Bribery of Judicial Officers and Jurors, whereas, California Penal Code Section 93 PC is the law dealing with Judges or Jurors committing Bribery.
“Corrupt Intent” applies when someone tries to achieve for themselves or someone else an advantage or favorable outcome that is unlawful. The financial favor could be the advantage, as in a situation whereby an attempt is made to bribe a judge to rule in favor of a plaintiff regarding a lawsuit, or an attempt is made to remove a threat of going to prison by bribing a juror to acquit a Defendant.
Example # 1: A man is charged with homicide and wants to avoid going to prison. In between the proceedings of the trial, the court recesses for a short break. During the break, the man charged, moves near one of the jurors and proposes to give him or her one million dollars if the juror votes the man is not guilty. If the juror should accept the proposal, the man and the juror, under California Penal Code Section 92 PC Bribery of a Judicial Officer would be guilty of Bribery.
Example # 2: Two people have a dispute and decide to resolve their case through a mediator or arbitrator. The arbitrator goes to one of the parties and offers a large sum of money in exchange for a favorable ruling on that party’s behalf. According to Bribery by a Judicial Officer statute, California Penal Code Section 93 PC, the arbitrator would be in violation.
Bribery crimes are not taken lightly, and will be prosecuted to the full extent of the law. As a felony charge, if found guilty, the penalties incurred for bribery can include large fines, prison sentences, and loss of position, particularly as a public official. A bribery record will have a negative impact on future prospects, especially regarding employment. If there are prior felony convictions, bribery can amount to a “third strike,” leading to a prison sentence of 25 years to life, without any possibility of parole.
If you have been arrested or are being investigated for bribery, as a dedicated Los Angeles criminal defense law firm, we strongly advise you to consult with us for help. Having a very strong and aggressive defense for bribery charges is paramount to winning the battle. According to Steve Raiser, a fellow Los Angeles Criminal Lawyer, if you’re an elected official – accused of bribery, you will need your own private attorney – since this will be a accusation of fraud.
At our law firm you will discover a team of qualified experts with years of experience serving professionals in Los Angeles, and other surrounding areas of California. Because of our personal dedication to tackling the most critical defense cases, our attorneys are highly esteemed for their successes. You can depend on our law firm for a strong defense against bribery charges.
We understand the damage bribery accusations can cause, even when you have not been convicted. We are equipped to handle every aspect of your case with discretion. You can be confident that our law firm is committed to safeguarding your political future. Our attorneys are firmly knowledgeable, and understand that bribery charges are not simplistic matters.
Contact our firm to schedule an appointment for your confidential consultation to learn more about how we can provide protection for you and your career.
Los Angeles Bribery of Witnesses
Many individuals do not realize how often people try to bribe witnesses and seriousness of this offense if one attempts to do so. Regardless of what state you are residing in, any form of bribery to witnesses participating in an upcoming legal matter is taken quite seriously. Within the state of California, bribing a witness is a very serious offense that can get you into a great deal of trouble if you are found out. Furthermore, if you are a witness that is being bribed and you accept that bribe, you also have a great deal of risk of being culpable as well. In order to understand what the risks are and what your potential rights are on either side of the transaction, it is important to seek out legal counsel in order to protect your interests in the long term. Additionally, it is wise to understand what constitutes bribery so that you can avoid the situation all together in the state of California.
According to the state of California’s definition, bribery of a witness exists under the Penal Code in §137. What constitutes bribery under this statute is when an individual gives a witness a bribe that is related to their testimony that is relevant to a crime in the middle of legal proceedings. Bribery under this statute also involves giving a witness a bribe to a witness that is related to the witness giving crucial information relevant to the crime to a law enforcement official.
In order to be liable for bribing a witness, the witness has to meet the definition as outlined in the statute under section §138(b). The individual qualifies as a witness if they were a witness previously or are about to be called as a witness, they have received or offered to receive a given bribe, and at the time they received or offered to be bribed, they indicated that the given bribe would sway their decision in connection with the trial.
Given that the rationale behind this statute is quite complicated, it is important to retain legal counsel if you have been accused of bribing a witness or have been the witness who has been bribed. This way, if there is any technicality in your case, there may be a chance for relief. By hiring our firm, you will be able to know that you are working with a firm that has a great deal of experience in this field. Our firm will be able to get you the results that you need regardless of which side of the prospective bribery transaction that you are on. Thus, do not hesitate to contact us today in order to schedule a consultation. The consultation will help our associates to determine whether your particular case is an effective fit for our client list at this time. Once a decision is made, you will be able to sign a retainer agreement to utilize our services in your upcoming legal matter. That way, we will be able to get you the most effective results possible that are in relation to your specific factual circumstances.
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