Clearwater Criminal Defense Attorneys Explain How to Beat Bribery Charges
Being charged with bribery can be scary. But with an experienced criminal defense attorney on your side, you may be able to get the charges reduced or even dismissed. Here’s what you need to know about fighting bribery accusations in Clearwater, FL.
What Constitutes Bribery Under Florida Law
Florida’s bribery laws prohibit offering, giving, soliciting, or accepting anything of value with intent to influence a public servant’s vote, opinion, judgment, exercise of discretion, or other action in their official capacity. Both the bribe giver and recipient can face charges.
Bribery doesn’t require an actual exchange of money or goods. Just offering or soliciting a bribe is illegal. For example, telling a police officer you’ll pay them $100 to ignore a traffic violation could lead to bribery accusations, even if no money ever changes hands.
The bribe doesn’t have to be for the public servant’s personal benefit either. Offering a donation to their favorite charity in exchange for official action still qualifies as bribery under Florida law.
Common Bribery Defenses in Florida
Skilled Clearwater criminal defense lawyers know how to fight bribery charges using defenses like:
- No corrupt intent – The prosecution must prove you intended to influence official behavior. If the “bribe” was just an innocent gift or campaign contribution unrelated to any request, that could defeat the corrupt intent element.
- Entrapment – This occurs when police improperly induced you to commit a crime you otherwise wouldn’t have. An entrapment defense may apply if an undercover officer pressured you into offering a bribe despite initial refusals.
- Lack of agreement – For bribery, the payor and recipient must agree on the terms of the deal. If you never came to a meeting of the minds, there may have been no bribery agreement.
Other potential defenses include arguing the “bribe” didn’t qualify as a “thing of value,” attacking the credibility of witnesses who cooperated for leniency, or claiming you were unlawfully targeted for selective prosecution based on race, religion, or other improper factors.
Penalties for Bribery Convictions in Florida
Bribery is a third-degree felony in Florida punishable by up to five years in prison and $5,000 in fines. However, stiffer penalties apply in certain cases:
- Bribing judges, jurors, law enforcement officers, or other high-ranking officials becomes a second-degree felony.
- If the benefit sought is worth $100,000 or more, or causes that level of loss, it’s a first-degree felony.
- Bribery is a first-degree felony if it involves exercising unlawful influence over a public servant regarding contracts, claims, or other matters worth $100,000 or more.
First and second-degree felonies carry longer maximum prison terms and higher fines. Prosecutors may also seek asset forfeiture or restitution. Immigration consequences are possible for non-citizens.
Fighting Corruption Charges with an Experienced Attorney
Don’t go it alone against bribery allegations in Clearwater. An experienced local criminal defense lawyer can thoroughly investigate the charges and build the strongest defense possible. This includes:
- Reviewing prosecution evidence for illegal searches, faulty eyewitness IDs, unreliable informants, and other problems
- Interviewing witnesses to challenge their accounts
- Consulting with defense experts to undermine the prosecution’s theories
- Seeking dismissal of defective charges
- Negotiating with the DA for reduced penalties or pretrial diversion programs
- Taking your case to trial if necessary and appropriate
An attorney familiar with Florida bribery laws can also advise you on the risks of cooperating with authorities or accepting a plea bargain. Their guidance may help you avoid convictions and incarceration.
Don’t leave your future to chance. Contact an experienced Clearwater bribery defense lawyer for a free case review and legal options analysis today.
References
Florida Statute 838.015 – Bribery
Florida Supreme Court – State v. Davis