New York Criminal Attorneys Who Can Defend Your Official Misconduct Charge
OFFICIAL MISCONDUCT is a legal term used in both criminal and civil cases in various States (from Cal to describe those actions committed by a person that are improper, wrongful or unlawful with disregard or indifference to the consequences of one’s actions. Most often this term is used in a professional context and in association with the dereliction of duties or job performance.
Official misconduct is a serious offense in the state of New York – A class A misdemeanor. Since the housing bubble burst, there has been an increased fervor to investigate white collar crimes like misconduct, especially in the government and financial sectors.
New York Penal Code is very specific and iron clad concerning official misconduct sentencing. An official misconduct conviction when the perpetrator has no previous criminal record can put you in jail for up to a year. When combined with other indictments, as misconduct charges usually are, the likely outcome appears to be increasingly dim. When misconduct crimes that are committed in accompaniment with a firearm or other means of violence and the defendant accepts a plea agreement, a one year sentence is mandatory. Whether the intent of the crime is for personal or professional gain, New York penal law, article 195, clearly classifies it as a A-class misdemeanor.
New York is described as one of the most corrupt states in the union, with official misconduct being of special concern to officials. Take the case of People v. Maloney [650 N.Y.S. 2d 342 (1996)], where the defendant, an Albany policeman, bore a child with a woman out of wedlock. Because the defendant did not support the woman or his child, she proceeded to Family Court and won her case for child support. The defendant proceeded to harass the woman and her families, even going so far as to cite the woman’s mother for a non-moving violation she hadn’t committed. The man was brought up on official misconduct and harassment charges.
Official misconduct cases have the potential to become fodder for the media. This is true of the case against Mr. Maloney. As a consequence for his actions, he was deprived of his career and will likely spend the rest of his life struggling to find gainful employment.
An official misconduct charge is an embarrassing blight to an employment and criminal record. It is imperative that you hire an aggressive, effective attorney with a proven track record as quickly as possible. You will need a New York City defense attorney who isn’t afraid to put your best interest first. An attorney’s most pressing duty is to serve you and fight for your rights.
As New York misconduct attorneys, we see everyday people caught up in bad situations. A misconduct conviction renders the defendant incapable of holding their professional position. Upon release from prison, obtaining gainful employment is difficult, if not impossible. Public defenders, while free of charge to you, are overworked, underpaid and sometimes don’t even have the chance to familiarize themselves with your case before trial. Don’t let a public defender destroy your chances of keeping your job, security and reputation. When you hire a seasoned New York City defense attorney, you can rest assured that your case is in good hands.
When you have been accused of misconduct (gross, criminal, or minor) this can affect your ability to remain in your position, be hired in the future, or business reputation, regardless of whether criminal charges are associated with the alleged action. You will want to discuss your options with an attorney. A seasoned NYC defense attorney who also understand the rigors of civil cases can assist you in your defense and help you retain your position, repair damage done to your reputation, or mitigate the offense in some way as not to do permanent damage to reputation and livelihood.
Official misconduct is a serious offense with potential long-term consequences including jail time.