The first critical element of New York Penal Law It makes no difference if the person is appointed or elected to their respective position. Once prosecutors have established that you are a public servant, there are additional hurdles that law enforcement must overcome before a judge of the criminal court or a jury of your peers can find your guilty of Official Misconduct, New York PL The District Attorney or other prosecutor must also establish beyond a reasonable doubt that your intention was to either deprive another of a benefit or to obtain a benefit.
Not ending there, as your criminal lawyer will explain, additional elements are necessary for your successful prosecution. You must also:. A class "A" misdemeanor, Official Misconduct is punishable by up to one year in jail. If your penalty does not result in incarceration, courts can sentence you to probation, community service, and fines. Although not a felony, it is imperative to consult with an New York criminal lawyer experienced in the crime of Official Misconduct if you have been arrested for this offense.
The term includes an intentional or corrupt failure , refusal , or neglect of a Trustee to perform a duty imposed on the Trustee by law and conviction of an offense relating to violation of purchase procedures. Official misconduct means any violation of this title by a notary , whether committed knowingly , willfully , recklessly or negligently. Official misconduct means a notary 's performance of any act prohibited or failure to perform any act mandated by this chapter or by any other law in connection with a notarial act.
Official misconduct means an offense that is an intentional or knowing violation of a law committed by a public servant while acting in an official capacity as a public servant. This harm can include the deprivation of a benefit, right, or service.
An example of official misconduct could be a police officer who has arrested an individual and knows he has a serious wound that needs treatment. Instead of ensuring the arrested individual receives treatment, he may detain him and refuse medical care in order to question him or leverage a confession. As another example, an elected official could require city employees to assist with the renovation of his property.
Since this act would be beyond his authority and benefit him, it could be considered official misconduct. Please contact an experienced New Jersey criminal attorney about your official misconduct case. Herring is a former prosecutor in State and Federal Court.
He will review your case and work with you to determine a plan to give you the best defense possible. He will file motions for you in court and he will determine how to effectively argue your case to convince the prosecutor or the judge that the case is weak and the charges should be dismissed. Herring will go to court with you and assist in getting you released from custody and explaining to the judge why you should not be held in jail.
He can also assist in having a bail bondsman in court to facilitate an immediate release from custody. When you learn there is a New Jersey official misconduct case filed against you, please contact New Jersey criminal defense attorney Douglas Herring for a free consultation. You can call our office at or , , or , or reach us by completing the form on our contact page or by sending an e-mail.
We are available every day of the year, 24 hours a day. We are open and helping our clients. Please contact us for a phone or video conference.
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