Federal and Florida Bribery Criminal Defense Lawyers
Bribery is a criminal offense that undermines the integrity of public officials and erodes public trust in democratic institutions. Both federal and state governments in the United States have enacted laws to combat bribery, a complex and evolving area of criminal law. This article will delve into the federal and Florida bribery criminal laws, the offenses they encompass, the punishments for those offenses, potential defenses, and the importance of hiring an experienced criminal defense lawyer.
I. Federal Bribery Criminal Laws
At the federal level, bribery is primarily governed by two statutes: 18 U.S.C. § 201 (bribery of public officials) and 18 U.S.C. § 666 (bribery in connection with programs receiving federal funds).
A. 18 U.S.C. § 201 - Bribery of Public Officials
This statute makes it illegal to offer, give, or promise anything of value to a public official or a person who has been selected to be a public official with the intent to influence any official act. It also makes it illegal for a public official to solicit or receive anything of value in exchange for being influenced in their official capacity.
The elements of the offense under 18 U.S.C. § 201 are:
- The defendant was a public official, or the person to whom the bribe was offered, given, or promised was a public official or had been selected to be a public official;
- The defendant corruptly solicited, demanded, accepted, or agreed to accept, or the defendant corruptly gave, offered, or promised anything of value;
- The intent was to influence an official act, or to be influenced in the performance of an official act; and
- The thing of value was offered, given, or promised directly or indirectly.
B. 18 U.S.C. § 666 - Bribery in Connection with Programs Receiving Federal Funds
This statute makes it illegal to offer, give, or promise anything of value to an agent of a state, local, or Indian tribal government, or an organization or agency receiving federal funds, with the intent to influence or reward the agent in connection with any business, transaction, or series of transactions involving anything of value. It also makes it illegal for an agent to solicit or receive anything of value in exchange for being influenced or rewarded in connection with such business, transaction, or series of transactions.
The elements of the offense under 18 U.S.C. § 666 are:
- The defendant was an agent of a state, local, or Indian tribal government, or an organization or agency receiving federal funds, or the person to whom the bribe was offered, given, or promised was such an agent;
- The defendant corruptly solicited, demanded, accepted, or agreed to accept, or the defendant corruptly gave, offered, or promised anything of value;
- The intent was to influence or reward the agent in connection with any business, transaction, or series of transactions involving anything of value; and
- The organization, government, or agency received federal funds in excess of $10,000 in a one-year period.
II. Florida Bribery Criminal Laws
In Florida, bribery is primarily governed by two statutes: Fla. Stat. § 838.015 (bribery) and Fla. Stat. § 838.016 (unlawful compensation or reward for official behavior).
A. Fla. Stat. § 838.015 - Bribery
This statute makes it illegal to offer, give, or promise anything of value to a public servant, or a person who has been selected to be a public servant , with the intent to influence the performance of any act or omission within their official discretion. It also makes it illegal for a public servant to solicit or receive anything of value in exchange for being influenced in the performance of any act or omission within their official discretion.
The elements of the offense under Fla. Stat. § 838.015 are:
- The defendant was a public servant, or the person to whom the bribe was offered, given, or promised was a public servant or had been selected to be a public servant;
- The defendant corruptly solicited, demanded, accepted, or agreed to accept, or the defendant corruptly gave, offered, or promised anything of value;
- The intent was to influence the performance of any act or omission within the official discretion of the public servant; and
- The thing of value was offered, given, or promised directly or indirectly.
B. Fla. Stat. § 838.016 - Unlawful Compensation or Reward for Official Behavior
This statute makes it illegal to offer, give, or promise any compensation, gift, or reward to a public servant, or a person who has been selected to be a public servant, with the intent to influence the performance of any act or omission within their official discretion. It also makes it illegal for a public servant to solicit or receive any compensation, gift, or reward in exchange for being influenced in the performance of any act or omission within their official discretion.
The elements of the offense under Fla. Stat. § 838.016 are:
- The defendant was a public servant, or the person to whom the compensation, gift, or reward was offered, given, or promised was a public servant or had been selected to be a public servant;
- The defendant corruptly solicited, demanded, accepted, or agreed to accept, or the defendant corruptly gave, offered, or promised any compensation, gift, or reward;
- The intent was to influence the performance of any act or omission within the official discretion of the public servant; and
- The compensation, gift, or reward was offered, given, or promised directly or indirectly.
III. Punishments for Federal and Florida Bribery Offenses
A. Federal Punishments
Under 18 U.S.C. § 201, bribery of public officials is punishable by a fine, imprisonment for up to 15 years, or both, and disqualification from holding any office of honor, trust, or profit under the United States. Under 18 U.S.C. § 666, bribery in connection with programs receiving federal funds is punishable by a fine, imprisonment for up to 10 years, or both.
B. Florida Punishments
Under Fla. Stat. § 838.015 and § 838.016, bribery and unlawful compensation or reward for official behavior are both punishable as second-degree felonies, which carry a maximum penalty of 15 years in prison, a fine of up to $10,000, or both.
IV. Defenses to Federal and Florida Bribery Charges
There are several different defenses that might be available to individuals charged with bribery under federal or Florida law, including:
- Lack of intent: If the defendant did not have the required corrupt intent to influence or be influenced, they cannot be found guilty of bribery.
- No quid pro quo: If there was no understanding that the thing of value was given, offered, or promised in exchange for an official act, the defendant cannot be found guilty of bribery.
- Entrapment: If the defendant was induced by law enforcement to commit the bribery offense and they would not have committed the crime otherwise, they may assert entrapment as a defense.
V. Hiring a Criminal Defense Lawyer
Bribery charges can have serious consequences, including imprisonment, fines, and damage to one's personal and professional reputation. It is essential to have an experienced criminal defense lawyer who is well-versed in both federal and Florida bribery laws to protect your rights and build a strong defense.
Hiring a skilled criminal defense lawyer can make a significant difference in the outcome of your case. A knowledgeable attorney will be able to:
- Evaluate the evidence against you and identify weaknesses in the prosecution's case.
- Develop a comprehensive defense strategy tailored to your specific situation.
- Negotiate with prosecutors for reduced charges or a favorable plea agreement.
- Advocate on your behalf during pretrial hearings, trial, and sentencing, if necessary.
- Help you understand and navigate the complex legal process.
When selecting a criminal defense lawyer, it is crucial to consider factors such as their experience handling bribery cases, their knowledge of federal and Florida laws, their reputation in the legal community, and their ability to communicate effectively and build rapport with their clients.
Understanding the federal and Florida bribery criminal laws, offenses, punishments, and defenses is essential for anyone facing bribery charges. It is crucial to recognize the potential penalties, the importance of a strong defense, and the need for an experienced criminal defense lawyer. With proper representation and a thorough understanding of the legal landscape, individuals charged with bribery can effectively fight for their rights and work toward the best possible outcome in their case.
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Don't let bribery charges destroy your future! At Musca Law, P.A., we understand the severity of the allegations you face and are committed to providing the relentless defense you deserve. With a proven track record in defending clients against federal and Florida bribery charges, our team of experienced attorneys is ready to fight for your rights and protect your reputation.
Don't delay; your future is at stake. Call Musca Law, P.A. today at 1-888-484-5057 for a free, confidential consultation. Let us guide you through this challenging time and work tirelessly to secure the best possible outcome for your case. Remember, the sooner you act, the stronger your defense can be. Reach out to us now, and let's reclaim your future together.