Using money or any other valuable item to influence the decisions or actions of another person is known as bribery and is a punishable crime. Bribery offenses can occur in various contexts, including private and public organizations. Specifically, Penal Code 67 makes it illegal to corrupt an executive officer through bribery.
Usually, people commit bribery offenses to gain or secure benefits they would not receive legally at that particular time. Regardless of the circumstances that put you in trouble with the law as a suspect in a bribery case, consulting with an attorney could be beneficial because the consequences of a conviction could be detrimental to your professional and personal life.
While an attorney will not necessarily help you win the case, he/she can offer you legal counsel and increase your odds of securing a desirable outcome, including a reduced sentence.
An Overview of Bribery of Executive Officer Offense Under PC 67
According to PC 67, offering an executive officer money or any other valuable item, including jewelry, with the criminal intent of illegally influencing his/her decisions, votes, behavior, or official actions is a felony offense.
This law is a primary part of the anti-corruption laws, specifically designed to ensure trust and integrity in public offices by criminalizing any attempt to influence official behavior or duty through bribery. According to PC 67, the prosecutor will bear the burden to prove the following facts at trial to secure a conviction against you:
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You Gave or Offered to Give a Bribe
To secure a PC 67 charge conviction against you, the prosecutor must prove that you gave or offered to give an executive officer a valuable item (either intangible or tangible), including (but not limited to) the following:
- Services
- Money
- Gift
- Promises of future advantages or benefits
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You Had a Corrupt Intent
The prosecutor must also prove beyond a reasonable doubt that you had the criminal intent to illegally influence an executive officer's official decision, act, opinion, or vote. For the sake of this statute, an executive officer could be any of the following individuals:
- Police chiefs
- District attorneys
- Deputy city coroners
- Police officers
Examples of Acts That Could Attract Charges Under PC 67
Most people understand what bribery means, but legally speaking, the term could encompass several acts and behaviors you did not know were illegal. Understanding how PC 67 applies in real life can help you understand what qualifies as an offense. Here are examples of instances that could attract charges under PC 67:
- Offering the prosecutor an envelope with cash to dismiss the allegations you are up against in your favor
- Jane, a business owner trying to avoid local safety guidelines, offers a local fire chief a car worth $30,000 and asks him to alter an inspection report to indicate compliance with required regulations
- James, a contractor seeking a government contract, decides to meet with Jena, a local law enforcement officer and offers her paid vacation in exchange for her prioritizing his company for any future contracts
These examples highlight several vital aspects of the crime, including the following:
- Corrupt intent — Someone offers a bribe with the intent to illegally the executive officer's actions or services
- Executive officer — The examples also highlight that the recipient of the bribe is a person holding an executive position
- Value of the bribe — What qualifies as a bribe under PC 67 could include services, money, or something else that offers future or present advantage
Common Legal Defenses for PC 67 Charges
If you are under arrest as a suspect in a PC 67 case, understanding the legal defenses you can apply to challenge the allegations you are up against could be vital for your case. Once you contact an attorney, he/she will keenly assess your case and interview eyewitnesses, if necessary, to craft the best defenses to challenge the allegations you are up against to secure the best possible outcome.
An experienced attorney's legal defenses to challenge the allegations you are up against will focus on weakening the prosecutor's case against you. Below are examples of viable legal defenses your attorney could apply at the trial hearing to help convince the court to drop or reduce your charges:
You Did Not Have Corrupt Intent
One of the facts the prosecutor must prove to secure a PC 67 violation conviction against you is that you had corrupt intent of illegally obtaining the executive officer's actions or services. The court could drop your case if your defense attorney can provide adequate evidence to prove you did not have corrupt intentions.
For example, when your attorney argues that you did give the executive officers involved a gift as a token of appreciation without expecting him/her to make a certified decision in your favor, the court could consider that defense viable and drop your case.
The Individual Involved Did Not Hold Any Executive Office
It is a viable legal defense to argue that the person who received the bribe is not an executive officer. Your attorney could argue that the person who received the bribe does not meet the legal definition of an executive officer under PC 67.
Your Conduct or Act Was a Mistake
If the thought or idea of offering the bribe occurred quickly without thinking about it, your attorney could argue the conduct was a mistake to convince the judge to reduce or drop your PC 67 charges.
You Were Entraped by Police Officers
Entrapment occurs when a police officer lures you to commit a crime you would not have committed. If your attorney can convince the court that the idea of bribing an executive officer was not originally yours but from a police officer, the court could drop or reduce your charges.
The Prosecutor’s Evidence is Insufficient
The prosecution team bears the burden of proving all the elements of the crime under PC 67 beyond a reasonable doubt. If the prosecutor lacks sufficient evidence to support his/her argument, the court cannot convict you for a PC 67 violation.
The Involved Transaction Was Not a Bribe
To secure a PC 67 violation conviction against you, the prosecutor must prove that you offered something of value to an executive officer in exchange for an official act. However, not all valuable exchanges qualify as a bribe.
For example, if you paid an officer for a training session and both agreed on terms outside his/her official duties, your attorney can argue that the transaction was business. If this defense argument works in your favor, the court will drop or reduce your PC 67 charges.
Someone Coarced You to Commit the Offense
Duress or coercion could be a viable defense for a PC 67 charge if your attorney can argue that another person threatened to harm you or your immediate family if you refuse to commit the offense. You can present eyewitness testimony to help support this defense argument.
Your Acts Were Due to a Mistake of Fact
If your attorney can provide evidence that you reasonably believed that your acts were lawful at that time, the court could reduce or drop your PC 67 charges.
The specific defenses your attorney will use will depend on the facts and circumstances of your unique case. Hence, thoroughly investigating your case is necessary before deciding which evidence to apply to your unique case to secure the best possible outcome.
Potential Penalties You Could Receive for a PC 67 Violation Conviction
A PC 67 charge is a felony in the eyes of the law, meaning the penalties you will receive upon conviction are serious and life-altering. Some of the standard legal penalties to anticipate upon a conviction include the following:
Imprisonment
A PC 67 violation conviction will result in a jail time of two (2), three (3), or four (4) years. The exact jail sentence you will receive will depend on various factors, such as:
- The unique facts and circumstances of your case
- The amount involved in the bribe
- The mitigating and aggravating arguments presented at trial by your attorney and the prosecutor, respectively
A Fine
The judge could also require you to pay a hefty fine as part of your sentence. The fine you will pay could amount to up to $10,000, depending on the judge's discretion and the specifics of your unique case.
Felony Probation
With an aggressive legal representation, you could qualify for felony probation instead of jail time. However, your probation will come with strict terms that you must comply with for the required period. Here are examples of these terms:
- Stay crime free
- Perform community service
- Enrol in a court-approved counseling session
- Agree to regular check-ins with a court-appointed probation officer
When you fail to comply with these terms as required, the court can revoke your probation and sentence you to the maximum jail time required for a PC 67 violation conviction. If you are unsure of what to do while on probation, you should consult with your probation officer or attorney for clarification to avoid making a mistake that could land you in jail.
Other Additional Consequences of a PC 67 Violation Conviction
In addition to the above primary legal penalties, a conviction under PC 67 can negatively affect your life even after serving your sentence and paying your dues. Other additional consequences that a PC 67 violation conviction can attract include:
Loss of Your Civil Rights
Since a PC 67 charge conviction is a felony, you will lose your gun rights, meaning you cannot buy, own, possess, carry, or receive a firearm. According to PC 29800, this ban could be permanent, depending on the unique facts of your case.
As a felon, you could also lose your right to vote after a PC 67 violation conviction if you are still on probation or behind bars. However, the court can restore these rights once you complete your jail sentence or probation.
Loss of Your Professional License and Employment Challenges
If you hold a real estate, attorney, or medical practice license, a PC 67 violation conviction could make the licensing board revoke or suspend your license. Similarly, if you had plans to secure a professional license, doing that after a PC 67 violation conviction could be challenging because the licensing board will consider your criminal record during the application process.
A felony conviction record could also limit job opportunities, mainly in industries requiring security clearances and background checks. For example, if you are applying for a finance or government job, a felony record for a PC 67 violation conviction could disqualify you from the job.
Damaged Reputation
A PC 67 violation conviction will remain on your criminal record, negatively affecting your reputation. That is particularly true if you hold a position of trust or authority in your community. Aside from affecting your public trust, a PC 67 violation conviction will make you lose credibility in the community, affecting your professional and personal relationships.
Negative Immigration Consequences
Since bribery-related offenses qualify as aggravated felonies, you should expect some negative immigration consequences upon a PC 67 violation conviction. These immigration consequences include:
- Deportation
- Inadmissibility
If the court marks you "inadmissible," you cannot reenter the country or secure any lawful status, like a green card, after your deportation.
A PC 67 Violation Conviction Expungement
After a PC 67 violation conviction, your attorney can help you apply for an expungement. An expungement is a post-conviction relief option that clears conviction from your record, meaning people interested in your criminal history will not know you have a criminal record.
Generally speaking, an expungement will release you from several disabilities caused by a PC 67 violation conviction. However, not everyone will qualify for this post-conviction relief option. According to PC 1203.4, you could be eligible to expunge your record if:
- You have “successfully” completed your probation or secured early termination
- You have served your jail sentence, and you do not have pending charges
For the sake of this statute, to “successfully” complete your probation means you have completed the recommended counseling programs, performed community service, and paid the required fines and damages.
If you want a fresh start to live your life without worrying that a past criminal record could affect your future goals or plans, expungement is a post-conviction relief option worth considering. Since the expungement process is a multi-step process, you should work with an attorney to stand a chance of securing a favorable outcome. The attorney you choose will help you:
- Fill out the necessary forms accurately
- Prepare the necessary evidence and paperwork needed for your 1203.4 petition and file it on your behalf
- Convince the judge you are an excellent candidate for expungement during the scheduled hearing
You are more likely to qualify for an expungement after a PC 67 violation conviction if your attorney can prove that:
- You already have a job or can hold a job
- You do not have any additional conviction
- You completed the court-ordered community service
Unfortunately, if the court denies your petition, you must wait at least six (6) months to refile your petition with all the needed information and evidence to convince the court you deserve the post-conviction relief.
If the judge grants your expungement petition, your attorney can help you seal it to ensure your criminal record is no longer visible to the public. In most cases, once your criminal record is expunged and sealed, you legally deny having a past criminal history unless when:
- Applying for a job in a public office
- Applying for a state-issued professional license
- Applying for a job in the Lottery Commission
PC 67 Charge and Related Crimes
While PC 67 focuses explicitly on bribery involving people in executive positions, several other crimes under the penal code also cover different aspects of corruption and bribery. Below are examples of bribery-related offenses closely related to a PC 67 charge:
Executive Officer Receiving a Bribe
PC 67 criminalizes the act of offering a gift or valuable items to a person with an executive position. However, the opposite of this scenario is also a crime under PC 68. That means it is also illegal for a person in an executive position to accept or solicit bribes from members of the public with the criminal intent of influencing his/her official duties.
The penalties for a PC 68 charge conviction could include up to four (4) years of jail time, a fine, and disqualification from the job.
Bribery of or by Witness
According to PC 137, offering a bribe to a witness in a criminal case is a crime with the intent of influencing his/her testimony in court. On the other hand, PC 138 makes it a crime for a witness in a criminal case to accept a bribe from a defendant in exchange for falsifying his/her testimony in court.
Like PC 67, these two statutes are vital in preventing corruption. However, their primary focus is the protection of the integrity of court proceedings by ensuring eyewitness testimonies are unbiased and truthful.
Find a Defense Attorney Near Me
As you can see above, a PC 67 conviction could impact multiple areas of your life. Aside from the possible lengthy jail time, the court will likely require you to pay hefty fines upon a conviction under this statute.
However, with the help of a determined defense attorney, you can prevent these penalties or convince the judge to reduce them. Our team of experienced attorneys at Los Angeles Criminal Attorney is ready to handle your case if you are under arrest or charged under PC 67. We can aggressively challenge the allegations you are up against to secure a favorable outcome.
Call us at 424-333-0943 to discuss your unique case with us for the quick and result-oriented legal presentation you deserve.
