Can You Be Charged with a Crime for Coercion in New York?

Have you or a loved one been accused of coercion in New York? If so, you may be wondering - can you actually be charged with a crime for this? The answer is YES. Coercion is a serious criminal offense under New York law that can result in hefty fines and lengthy prison sentences. But don't panic - our skilled criminal defense attorneys at Spodek Law Group are here to help. With our decades of experience, we know how to aggressively fight coercion charges and protect your rights.In this article, we'll break down everything you need to know about coercion crimes in New York, including:

• What exactly is coercion under NY law?
• The different degrees of coercion charges
• Potential penalties if convicted
• Defenses against coercion allegations
• How our attorneys can help you fight the charges

By the end, you'll have a clear understanding of the law and your options moving forward. Remember, if you've been charged with coercion, the most important thing you can do is contact an experienced NY criminal defense lawyer immediately. Call us anytime at 212-300-5196 for a free and confidential consultation.

What is Coercion Under New York Law?

In simple terms, coercion means forcing someone to do something against their will by using threats, intimidation or some other form of pressure. Under New York Penal Law, a person commits the crime of coercion if they compel or induce someone to engage in conduct that they have a legal right to abstain from, or to abstain from conduct that they have a legal right to engage in.Some common examples of coercive conduct include:

• Threatening to harm someone or damage their property if they don't comply with demands
• Threatening to expose embarrassing secrets or information
• Threatening to accuse someone of a crime
• Threatening a public servant to influence their actions
• Compelling someone to commit a crime or cause physical injury to another person

As you can see, coercion covers a wide range of threatening behaviors. The key elements are using threats to override someone's free will and pressuring them to do something they don't want to do. It's a very serious offense that is aggressively prosecuted in New York.

Degrees of Coercion Charges in NY

Like many crimes, coercion is broken down into different degrees under New York law. The degree of the charge depends on factors like the nature of the threat, who is being coerced, and the intended outcome. Here's a quick breakdown:

Coercion in the Third Degree

This is the lowest level coercion charge under NY Penal Law 135.60. It's a Class A misdemeanor punishable by up to 1 year in jail. A person is guilty of coercion in the third degree if they compel someone to engage in or refrain from conduct by instilling a fear that if the demand is not complied with, the actor will:

• Cause physical injury to a person
• Cause damage to property
• Engage in other conduct constituting a crime
• Accuse someone of a crime
• Expose a secret tending to subject a person to hatred, contempt or ridicule
• Perform any other act calculated to harm someone's health, safety, business, finances, reputation, etc.

Coercion in the Second Degree

Second degree coercion under NY Penal Law 135.61 is a Class E felony punishable by up to 4 years in prison. It's charged when a person commits coercion in the third degree AND abuses their relationship of trust or authority over the victim to compel them to engage in sexual activity. This law was enacted in 2018 to address situations where people in power exploit their position to coerce sex.

Coercion in the First Degree

Coercion in the first degree under NY Penal Law 135.65 is a Class D felony that carries up to 7 years in prison. A person is guilty of this crime if they commit coercion in the third degree AND either:

1. Compel the victim to engage in conduct by threatening to cause physical injury or property damage, OR
2. Compel the victim to commit a felony, cause physical injury to another person, or violate their duty as a public servant.

As you can see, coercion charges get more serious as the conduct gets more egregious. Using threats of violence, compelling someone to commit other crimes, and coercing public officials are some of the most harshly punished forms of coercion.

Penalties for Coercion Convictions in NY

If you are convicted of any degree of coercion, the consequences can be severe. Even beyond the prospect of jail or prison time, having a criminal record can impact your life for years to come. Some of the potential penalties include:

• Up to 1 year in jail for coercion 3rd degree (Class A misdemeanor)
• Up to 4 years in prison for coercion 2nd degree (Class E felony)
• Up to 7 years in prison for coercion 1st degree (Class D felony)
• Hefty fines and restitution
• Probation or post-release supervision
• A permanent criminal record
• Difficulty finding employment
• Damage to your reputation and relationships
• Potential immigration consequences for non-citizens

The judge has discretion in sentencing and may consider factors like criminal history, the severity of the conduct, and the impact on victims. But any way you slice it, a coercion conviction is a big deal. That's why it's so important to have a skilled defense attorney in your corner fighting for the best possible outcome.

Defenses to Coercion Charges

Many people think that if someone accuses them of coercion, they have no choice but to plead guilty. This is absolutely not the case! There are many potential defenses that can be raised, depending on the specific facts of your case. Some common defenses include:

• Lack of intent to coerce
• The alleged threat was not actually threatening or coercive
• Lack of evidence to prove coercion occurred
• False allegations or mistaken identity
• Statute of limitations has expired
• Violation of Constitutional rights during arrest or interrogation
• Entrapment or duress

An experienced criminal defense attorney will thoroughly investigate the allegations, gather evidence, interview witnesses, and identify all possible defenses. We may be able to get the charges dismissed, win an acquittal at trial, or negotiate a favorable plea deal. The key is to be proactive and start building your defense immediately.

How Spodek Law Group Can Help

If you or a loved one has been charged with coercion in New York, it's crucial that you contact a skilled criminal defense attorney right away. The sooner you get us involved, the better your chances of beating the charges and avoiding the life-changing consequences of a conviction.At Spodek Law Group, we have a team of battle-tested New York criminal lawyers with a track record of success in coercion cases. We know the ins-and-outs of the law and how to effectively challenge the prosecution's case. Here are some of the ways we can help:

• Provide an honest assessment of your case and options
• Conduct a thorough investigation to uncover evidence in your favor
• Identify and interview witnesses
• File motions to dismiss the charges or suppress illegally obtained evidence
• Negotiate with prosecutors for a dismissal, reduction in charges, or favorable plea deal
• Zealously defend you at trial and hold the prosecution to their high burden of proof
• Argue for the minimum sentence if you are convicted
• Help you get your record sealed or expunged if eligible

We understand that facing criminal charges is stressful and overwhelming. That's why we're here to guide you through the process, answer all your questions, and fight for your freedom every step of the way. Our attorneys are available 24/7 to take your call and provide the aggressive representation you need.

Conclusion

Coercion is a serious crime in New York that can result in heavy fines and lengthy prison sentences. If you've been charged with any degree of coercion, it's normal to feel scared and unsure of what to do next. But remember - you have rights and defenses! Don't try to handle this on your own - get an experienced criminal defense attorney on your side immediately.At Spodek Law Group, we have the knowledge, skills, and dedication to help you achieve the best possible outcome in your coercion case. We'll thoroughly investigate the allegations, identify all possible defenses, and craft a winning strategy tailored to your unique needs. With our help, you may be able to avoid the devastating consequences of a conviction and move forward with your life.So if you or someone you love is facing coercion charges in New York, don't wait - contact us today at 212-300-5196 for a free and confidential consultation. Let us put our decades of experience to work for you and fight for the justice you deserve.