Bribery is the making of an illegal payment to another party, particularly when that party is in some sort of position of power and/or influence, in exchange for a decision of some kind that will benefit the party who is making the payment.
Bribery is discussed in California Penal Code:
- 92: Every person who gives or offers to give a bribe to any judicial officer, juror, referee, arbitrator, or umpire, or to any person who may be authorized by law to hear or determine any question or controversy, with intent to influence his vote, opinion, or decision upon any matter or question which is or may be brought before him for decision, is punishable by imprisonment in the state prison for two, three or four years
- 93: (a) Every judicial officer, juror, referee, arbitrator, or umpire, and every person authorized by law to hear or determine any question or controversy, who asks, receives, or agrees to receive, any bribe, upon any agreement or understanding that his or her vote, opinion, or decision upon any matters or question which is or may be brought before him or her for decision, shall be influenced thereby, is punishable by imprisonment in the state prison for two, three, or four years and, in cases where no bribe has been actually received, by a restitution fine of not less than two thousand dollars ($2,000) or not more than ten thousand dollars ($10,000) or, in cases where a bribe was actually received, by a restitution fine of at least the actual amount of the bribe received or two thousand dollars ($2,000), whichever is greater, or any larger amount of not more than double the amount of any bribe received or ten thousand dollars ($10,000), whichever is greater
Bribery can be used to extort another party. California Penal Code talks about extortion, including bribery, in detail:
- 518: Extortion is the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right
- 520: Every person who extorts any money or other property from another, under circumstances not amounting to robbery or carjacking, by means of force, or any threat, shall be punished by imprisonment in the state prison for two, three or four years
- 521: Every person who commits any extortion under color of official right, in cases for which a different punishment is not prescribed in this Code, is guilty of a misdemeanor.
- 522: Every person who, by any extortionate means, obtains from another his signature to any paper or instrument, whereby, if such signature were freely given, any property would be transferred, or any debt, demand, charge, or right of action created, is punishable in the same manner as if the actual delivery of such debt, demand, charge, or right of action were obtained.
Bribery is a crime in which both parties can be found guilty and duly punished. However, there are defenses that can be used to help clear your good name, such as mistakes in arrest procedure and lack of substantial incriminating evidence. If you have been accused of a bribery crime, please do not hesitate to call the skilled Los Angeles bribery defense lawyers at The Law Offices of Lawrence Wolf for a free evaluation of your case.
Get your questions answered - call me for your free, 20 min phone consultation (310) 277-1707.