New York Official Misconduct charges are brought when the public official exceeds the scope of his official functions or knowingly refracts from performing a duty imposed on him. Importantly, these charges are only brought in situations where the public official has an intent to obtain a benefit or deprive another person of a benefit.
Official Misconduct (PL 195.00)
The New York Official Misconduct charge is codified in New York Penal Law Section 195.00. Under Penal Law Section 195.00, a public servant is guilty of official misconduct when with intent to obtain a benefit or deprive another person of a benefit s/he:
- Commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized; OR
- Knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office
Sentencing and Penalties for New York Official Misconduct
Under New York Law, Official misconduct is a Class “A” misdemeanor. As such, this charge is punishable by:
- Up to 1 year in jail,
- Probation,
- Split sentence (up to 6 months jail, rest of the time on probation,
- Conditional discharge (with sentencing conditions set by the court, such as community service or payment of restitution),
- Unconditional discharge (no conditions set by the sentencing court).
Contact Top Rated New York Official Misconduct Attorneys
If you or your loved one have been arrested and charged with New York Official Misconduct, or if you suspect you are under investigation, you need experienced criminal defense counsel now. We have defended a number of Official Misconduct cases along with public corruption charges. Read our client reviews to see what our clients say about our services. Please call us at 212-729-9494 or contact us today for your free initial consultation.