If  you are charged with bribery in New Jersey,  the  prosecution will have to prove all of the following elements in order to obtain a  conviction:  offering, agreeing to, or actually giving a benefit to another  person OR asking for, agreeing to, or accepting a benefit from  another person in exchange  for: 1)  any decision or other act or vote by a public servant, party official or voter  in the matter of a public issue or in a  public election; OR 2) a decision or other action in a judicial  or administrative proceeding; OR 3) the violation of an official duty by a public official  OR 4)  influencing  the performance of official duties.

Thus,  under New Jersey law, bribery   always involves illegitimate attempts to influence a government official. One may  commit the crime of bribery even if the act one wants is a lawful act  that is part of  the  official’s duties. Both parties are guilty of bribery  if one party intends to offer the bribe and  the other party intends to accept  it.

In  the context  of bribery, the benefit sought  or conferred can be of  relatively small value or given to a third  party;  as long as the person gets something they did not previously have, it is considered a benefit. An exception is a situation where New Jersey law provides that government officials collect a set fee for  certain services.

Further, a person can be guilty of bribery even if the official in question did not have  the power to do what the briber wanted him to do, as long as he created the understanding that he could do it and was given a benefit based on that, the crime of bribery was committed.

Bribery is a second degree crime,  unless the amount of the bribe was less than  $200, in which  case it  is demoted  to a  third  degree crime.  Collateral  consequences of a bribery conviction may include removal  from office,  revocation of  professional license, and being banned from further government  contracts.

If you are accused of bribery in New Jersey, you need a competent and experienced criminal defense attorney at your  side, who will work to obtain the  best possible result in your case. Call our experienced New Jersey criminal defense  attorneys at 973-200-3630  to schedule an immediate consultation.