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What are Pennsylvania’s Sentencing Guidelines for Public Corruption Charges?
Contents
Public Corruption Charges in Pennsylvania: What You Need to Know
What is Public Corruption?
Public corruption involves a breach of public trust and abuse of position by government officials. It covers a wide range of criminal acts, including:
- Bribery
- Extortion
- Embezzlement
- Racketeering
- Money laundering
- Wire/mail fraud
Essentially, any misuse of public office or government resources for private gain qualifies as public corruption. Even failing to report knowledge of a corrupt act can be considered a crime.
Pennsylvania’s Public Corruption Laws
In Pennsylvania, several statutes criminalize public corruption:
Bribery (18 Pa.C.S. § 4701): It’s illegal for a public official or party officer to accept any benefit in exchange for violating their duties or being influenced in an official matter.
Threats and Other Improper Influence (18 Pa.C.S. § 4702): Public servants can’t use threats or coercion to influence decisions or official acts.
Retaliation for Past Official Action (18 Pa.C.S. § 4703): Officials can’t retaliate against someone for their prior lawful actions while in office.
Compensation for Assistance in Criminal Case (18 Pa.C.S. § 4909): It’s illegal for public officials to request or receive compensation for advice or services related to a criminal case. Violations of these laws can lead to felony charges, depending on the circumstances. Federal charges are also possible if the corruption involves federal funds or agencies.
Pennsylvania’s Sentencing Guidelines
Pennsylvania has a structured sentencing system with guidelines based on two factors:
- Offense Gravity Score (OGS): This ranks the severity of the crime on a scale, with higher scores for more serious offenses.
- Prior Record Score (PRS): This reflects the defendant’s prior convictions and weighs their criminal history.
The intersection of the OGS and PRS yields a range for the minimum sentence length. Judges have some discretion to sentence within that range or depart from it under certain circumstances.
For public corruption offenses, the OGS and potential sentences are:
Bribery (§4701)
- OGS 5 (most serious violations)
- Potential sentence: 22-36 months
Threats/Improper Influence (§4702)
- OGS 3
- Potential sentence: 6-16 months
Retaliation (§4703)
- OGS 3
- Potential sentence: 6-16 months
Compensation for Assistance (§4909)
- OGS 3
- Potential sentence: 6-16 months
However, sentences can increase significantly based on:
- The monetary value involved in the corruption
- Whether the conduct was an ongoing course of conduct rather than a single incident
- The defendant’s role, motivations, and degree of corruption
- Abuse of a high-level position or public trust
For example, a powerful elected official who took millions in bribes over many years could face decades in prison under the guidelines. The guidelines also allow for increased sentences if the crime involved aggravating factors like:
- A leadership role in the corrupt activity
- Obstruction of justice
- Vulnerability of the victims
- Substantial disruption of government functions
Conversely, mitigating factors like acceptance of responsibility or minimal planning can reduce sentences somewhat.
Federal Sentencing for Public Corruption
If federal charges are brought, different sentencing rules apply. Federal sentencing guidelines consider factors like:
- The amount of money/value involved
- The public official’s position and degree of corruption
- Number of incidents and duration of the corrupt conduct
- Use of threats, force or leadership role
- Obstruction of justice
Federal public corruption sentences often fall in the 3-10 year range. But sentences over 20 years are possible for egregious cases involving very high-ranking officials or massive bribery/fraud schemes. The bottom line? Both Pennsylvania and federal authorities take a hard stance against public corruption. Lengthy prison time is the norm, not the exception, for those convicted.
What to Do if Charged
So, what should you do if charged with public corruption in Pennsylvania? Here are some tips:
Get Experienced Legal Counsel
At Spodek Law Group – we pride ourselves on taking a hands-on approach. It means researching the exact situation surrounding your case, and putting in the leg work to be familiar with every single intimate detail. Our firm has excellent work ethics, and we constantly hold firm meetings in order to discuss and address all of our cases. In the event of an emergency – we have a full team of lawyers available to help you. Regardless of how tough your situation is – we are here to help you. Our criminal defense lawyers work hard to have a solution for you, irrespective of the situation you find yourself in. Many clients are often embarrassed by their situation, and don’t speak openly about their alleged issue. We encourage open dialogue, and recommend full transparency – so we can give you the best possible legal advice.
Understand Your Rights
- You have the right to remain silent and not incriminate yourself
- Anything you say can be used against you
- You have the right to legal counsel
Exercise these rights fully. Don’t make any statements to investigators without a lawyer present.
Preserve Evidence
Keep any documents, emails, recordings or other potential evidence. Don’t destroy anything that could be relevant.
Be Prepared for Aggressive Prosecution
Public corruption cases are a top priority for prosecutors. They will use substantial resources to build a strong case. Having an equally vigorous legal defense is crucial.
Consider All Options
Depending on the circumstances, alternatives like pleading to reduced charges, cooperation, or other negotiated resolutions may be possibilities to explore with your lawyer.
Why Hire Spodek Law Group?
At Spodek Law Group, we have extensive experience defending clients against public corruption allegations at all levels – federal, state and local. Our attorneys understand the complexities of these cases and the severe penalties at stake. We’ll examine every angle to craft the strongest possible defense strategy, whether that’s:
- Challenging the prosecution’s evidence and legal theories
- Raising constitutional issues like entrapment or prosecutorial misconduct
- Negotiating for reduced charges or an acquittal at trial
Our firm takes a comprehensive, meticulous approach tailored to each client’s unique situation. We’ll walk you through the process, protect your rights, and fight tirelessly to secure the best outcome. Public corruption charges can derail careers and devastate lives. Don’t take chances with less than the strongest legal representation. Contact Spodek Law Group today for a free, confidential case evaluation.
Real Client Stories
Here are a few examples:
Elected Official Cleared of All Charges
A Pennsylvania mayor was accused of accepting bribes related to municipal contracts. Prosecutors claimed he took over $100,000 in payments from vendors in exchange for approving their contracts. Our defense team uncovered evidence the payments were actually lawful campaign contributions rather than bribes. We also highlighted the mayor’s long record of public service. At trial, the jury acquitted the mayor of all 27 corruption charges after just a few hours of deliberation.
Reduced Sentence for Businessman
A business owner was convicted of bribing a city official to obtain municipal contracts worth millions. He was facing over 10 years in federal prison under the sentencing guidelines. Our attorneys emphasized his cooperation, acceptance of responsibility, and lack of any prior criminal record. We also presented evidence of his charitable works and community ties.The judge granted a downward departure, sentencing him to just 3 years despite the government’s push for a harsher penalty.
Public Official’s Pension Preserved
A former state legislator pled guilty to a corruption charge for failing to report a conflict of interest. Typically this would result in the loss of her substantial government pension. Our team negotiated a deal where she kept her pension in exchange for her cooperation and a longer period of home confinement rather than prison time.While no outcome is guaranteed, these examples show our ability to achieve favorable results even in serious public corruption prosecutions.
.At Spodek Law Group, our public corruption defense team has the skills, experience and resources to protect your rights and future. We’ll stand up to prosecutorial overreach and fight for the best possible resolution to your case. Don’t try to navigate this legal minefield alone. Our attorneys will guide you through every step. Contact us today for a free, confidential consultation.