Compounding a crime is a serious offense under New York law. It occurs when someone agrees not to report or prosecute a crime in exchange for a benefit, such as money or property. Even if you believe you’re resolving a matter privately, this can lead to criminal charges.
If you are accused of compounding a crime, you need strong legal representation. Michael A. Arbeit, P.C., has defended clients across Long Island and the New York City Area since 2002. Contact our office today to protect your rights and freedom with a solid defense.
New York Law on Compounding a Crime
Under New York Penal Law § 215.45, a person commits compounding a crime when they:
- Solicit, accept, or agree to accept a benefit in exchange for not reporting a crime or not seeking prosecution.
- Offer, confer, or agree to confer a benefit to prevent someone from reporting or prosecuting a crime.
This law aims to ensure that crimes are prosecuted properly and that individuals do not use financial incentives to avoid justice.
Key Elements of the Offense
To secure a conviction, the prosecution must prove:
- An agreement existed between the parties to accept or offer something of value.
- The benefit was provided to avoid the reporting or prosecution of a crime.
- The defendant knowingly participated in the arrangement.
Even if no money changes hands, the mere promise to withhold reporting a crime in exchange for something of value can lead to criminal liability.
Possible Defenses
Being accused of compounding a crime does not automatically mean a conviction. Several defenses may apply depending on the circumstances, including:
- Lack of intent – If there was no clear intention to avoid prosecution, the charge may not hold.
- Lack of benefit – The prosecution must prove that something of value was exchanged.
- Legal restitution – If the benefit provided was a legitimate form of restitution, it may serve as an affirmative defense.
- Coercion or misunderstanding – If the agreement was made under duress or misinterpretation, it may not qualify as a criminal offense.
Each case is unique, and the right defense strategy depends on the details of the allegation. A skilled attorney can assess your case and build a strong argument on your behalf.
Penalties for Compounding a Crime
Compounding a crime is classified as a class A misdemeanor in New York. If convicted, a person may face:
- Up to one year in jail
- Fines of up to $1,000
- A permanent criminal record
These penalties can have long-term consequences, affecting employment, housing, and professional licenses. A criminal record for compounding a crime can also make it difficult to obtain certain security clearances or professional certifications.
How This Differs from Related Offenses
Compounding a crime is sometimes confused with other legal violations. While these offenses involve improper influence over legal proceedings, compounding a crime specifically involves an agreement not to report or prosecute a crime in exchange for something of value.
- Bribery – Involves offering money or benefits to influence an official’s actions.
- Obstruction of justice – Refers to interfering with an investigation or legal process.
- Witness tampering – Includes threats or coercion to prevent testimony.
How Our Firm Can Help
Michael A. Arbeit, P.C. is here to provide aggressive representation, protect your rights, and ensure fair treatment under the law. We understand the complexities of New York’s legal system and work tirelessly to build strong defense strategies tailored to your case. When you work with Defense Attorney Michael Arbeit, you will receive:
- Personalized legal representation focused on achieving the best possible outcome.
- Direct communication with an experienced attorney who will guide them through every step of the process.
- Aggressive defense strategies designed to challenge evidence and protect their future.
A criminal charge does not have to define your future. Whether you are facing misdemeanor or felony charges, our team will be by your side. We have successfully defended clients against a wide range of criminal offenses and will fight to protect your rights and freedom.
Speak With Our Long Island & New York Criminal Defense Attorney Today
Facing criminal charges is overwhelming, but you don’t have to handle it alone. Michael A. Arbeit, P.C. has over two decades of experience defending individuals against serious charges in New York. If you’ve been accused of compounding a crime, call our office today for a confidential consultation.
Michael A. Arbeit, P.C. assists clients throughout Long Island, including Nassau County, Suffolk County, Garden City, Freeport, and New York, including Queens, Brooklyn, Manhattan, Staten Island, and The Bronx.
S 215.45 Compounding a crime.
1. A person is guilty of compounding a crime when:
(a) He solicits, accepts or agrees to accept any benefit upon an
agreement or understanding that he will refrain from initiating a
prosecution for a crime; or
(b) He confers, or offers or agrees to confer, any benefit upon
another person upon an agreement or understanding that such other person
will refrain from initiating a prosecution for a crime.
2. In any prosecution under this section, it is an affirmative defense
that the benefit did not exceed an amount which the defendant reasonably
believed to be due as restitution or indemnification for harm caused by
the crime.
Compounding a crime is a class A misdemeanor.