Lexington Public Corruption Defense Attorney
The first thing you need to do after you’ve been arrested for public corruption, is to call a Cooley, Iuliano, Robey PLLC white collar crime attorney at 859-636-6803. Each of our partners is a member of the National Association of Criminal Defense Lawyers, as well as the Kentucky Bar Association.
Our skilled public corruption defense attorneys are always prepared to do a full investigation and defend your case, all while protecting your rights from the prosecution while they pursue their public corruption case against you. Our public corruption law firm and public corruption attorneys are going to make certain that the Commonwealth of Kentucky is held to their burden of providing their case beyond a reasonable doubt.
What is abuse of public office or public corruption?
There’s few things worse than a public official using his or her office for personal gain instead of for their public good. Abuse of public office, or public corruption, is harshly punished in Kentucky. There are several crimes in the Kentucky statute about public corruption. Bribery of public officials is also a crime, although those are usually classified as bribery laws, separately.
Of the laws in Kentucky that are about public corruption, the most widely used are abuse of public trust which is when a public servant is entrusted with public money or property because that’s their office or employment, and misuses that money or property, either for their own personal gain or illegally someone else’s. Depending on the amount of public money or property involved, a conviction in this crime can range from a Class B to a Class C felony.
Or official misconduct in the first and second degrees are other common charges. In the first degree deals with corruption, when public officials seek to obtain a benefit, injure, or even deprive another person of a benefit by using their public power. It is a Class A misdemeanor. In the second degree is when a public servant simply misuses their power and duty, or violates a rule, statute or regulation relating to their office. It is a Class B misdemeanor.
Misuse of confidential information is another important charge against public corruption, taking place when a public official uses information that only they possess for personal gain, either to wager, or help someone else wager or bet. It is a Class D felony.
If you are being accused of a public corruption charge, finding experienced professionals like Lexington KY criminal defense attorney or a public corruption lawyer immediately after your arrest is where you should start in taking control of your future.
Have you been charged with a public corruption crime?
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If you have been charged with a public corruption crime, you need a team of experienced criminal defense attorneys focused on achieving the absolute best outcome for your case. Call and speak with a Cooley Iuliano Robey, PLLC criminal defense attorney at 859-636-6803.
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Types of public corruption Charges & Penal Codes in Kentucky
White collar crimes in Kentucky are non-violent offenses that involve fiscal matters such as fraud, money laundering, tax evasion, insider trading, identity theft and others, normally carried out by people in business or government. Being accused of a white collar crime is enough to ruin your reputation and your livelihood, which is why you would want a white collar crime lawyer or public corruption lawyer as soon as you’re accused.
(1) A public servant is guilty of official misconduct in the first degree when, with intent to obtain or confer a benefit or to injure another person or to deprive another person of a benefit, he knowingly:
(a) Commits an act relating to his office which constitutes an unauthorized exercise of his official functions; or
(b) Refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office; or
(c) Violates any statute or lawfully adopted rule or regulation relating to his office.
(2) Official misconduct in the first degree is a Class A misdemeanor.
If you or someone you care about has been charged with a public corruption charge in Kentucky, contact our reputable criminal defense lawyers or public corruption charge as soon as possible by calling 859-636-6803.
(1) A public servant is guilty of official misconduct in the second degree when he knowingly:
(a) Commits an act relating to his office which constitutes an unauthorized exercise of his official functions; or
(b) Refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office; or
(c) Violates any statute or lawfully adopted rule or regulation relating to his office.
(2) Official misconduct in the second degree is a Class B misdemeanor.
If you or someone you care about has been charged with a public corruption charge in Kentucky, contact our reputable criminal defense lawyers or public corruption charge as soon as possible by calling 859-636-6803.
(1) A public servant is guilty of misuse of confidential information when, in contemplation of official action by himself or by a governmental unit with which he is associated, or in reliance on information to which he has access in his official capacity and which has not been made public, he:
(a) Accepts or agrees to accept a pecuniary interest in any property, transaction or enterprise which may be affected by such information or official action; or
(b) Speculates or wagers on the basis of such information or official action; or
(c) Aids another to do any of the foregoing.
(2) Misuse of confidential information is a Class D felony.
If you or someone you care about has been charged with a public corruption charge in Kentucky, contact our reputable criminal defense lawyers or public corruption charge as soon as possible by calling 859-636-6803.
(1) A public servant who is entrusted with public money or property by reason of holding public office or employment, exercising the functions of a public officer or employee, or participating in performing a governmental function, is guilty of abuse of public trust when:
(a) He or she obtains public money or property subject to a known legal obligation to make specified payment or other disposition, whether from the public money or property or its proceeds; and
(b) He or she intentionally deals with the public money or property as his or her own and fails to make the required payment or disposition.
(2) A public servant is presumed:
(a) To know any legal obligation relative to his or her criminal liability under this section; and
(b) To have dealt with the public money or property as his or her own when:
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- He or she fails to account upon lawful demand; or
- An audit reveals a shortage or falsification of accounts.
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(3) Abuse of public trust is:
(a) A Class D felony if the value of the public money or property is less than ten thousand dollars ($10,000);
(b) A Class C felony if the value of the public money or property is ten thousand dollars ($10,000) or more, but less than one hundred thousand dollars ($100,000); and
(c) A Class B felony if the value of the public money or property is one hundred thousand dollars ($100,000) or more.
(4) The judgment of conviction under this section shall recite that the offender is disqualified to hold any public office thereafter.
(5) Conduct serving as the basis for the conviction of a public servant under this section shall not also be used to obtain a conviction of the public servant under KRS 514.070.
If you or someone you care about has been charged with a public corruption charge in Kentucky, contact our reputable criminal defense lawyers or public corruption charge as soon as possible by calling 859-636-6803.
Penalties in public corruption Cases
Penalties for white collar crimes could range from very expensive fines to long prison sentences. Even if the most common punishment is time in minimum-security prisons, there’s no reason it can be something even harsher, especially if substantial amounts of money are involved. White collar crimes like tax fraud, credit card fraud, insider trading and fraud against the government are harshly punished and sometimes even handed over to federal prosecutors. For public corruption charges, depending on their seriousness, and whether the crime is classified as a misdemeanor or a felony is detailed in their individual statutes in Kentucky Revised Statutes.
Take public corruption offenses and allegations seriously and get professional legal representation in an expert local public corruption lawyer as soon as possible to see to your case.
Misdemeanor
In general, a misdemeanor is a crime punishable by a period of less than a year in prison, and sometimes there are only heavy fines involved, probation, or other sentences less harsh than with felonies. The consequences for someone guilty of a public corruption crime punishable by a misdemeanor are;
- Class A misdemeanors – 90 days to 12 months jail time, including a monetary fine that can cost up to 500 dollars , and
- Class B misdemeanors – up to 90 days jail time, including a monetary fine up to 250 dollars
Nonetheless, they are a stain on your permanent record and can change your life for the worse, which is why you need the best public corruption attorney you can get. A competent public corruption defense attorney can get your case dismissed, charges filed against you dropped, or fight for an expungement of your misdemeanor conviction altogether.
Felony
A felony is the most serious type of crime, and hence, they offer the most serious punishments, with years in prison. They are divided (like misdemeanors as well) into classes. The imprisonment terms for each class of this offense are;
- Class A – 20 to 50 years, or even life imprisonment,
- Class B – 10 to 20 years,
- Class C – 5 to 10 years, and
- Class D – 1 to 5 years
All serious crimes, except murders (they have their own punishments), are classified as felonies.
It’s also important to point out that former convictions of this degree matter. If district court investigations and records show you are a “persistent offender,” then it’s very likely you’ll be facing a longer prison term vs someone guilty of the same crime without records of a prior felony conviction. (Ky. Rev. Stat. Ann. § 532.080 (2019 ).). If this is the case, it is advised for you to share this information with your public corruption defense lawyer at the earliest.
A person found guilty of a felony in states like Kentucky will also need to pay a fine costing between 1,000 dollars and 10,000 dollars. Or, if it applies, double any gain from committing the offense. In the event that it does, the district court usually orders whichever amount is greater to be paid (Ky. Rev. Stat. Ann. § 534.030 (2019 ).).
It’s difficult facing offenses as serious as this alone, especially since these have long-lasting consequences on a person’s life once convicted. Which is why hiring expert public corruption defense attorneys with adept insights and resources are essential. It’s also good advice to hire public corruption lawyers who pay close attention to create a great working attorney client relationship with the people and cases they take on. Experienced public corruption attorneys will know what to expect including with the best way to protect your rights, or avoid a conviction altogether.
Federal
In the United States, more than other crimes, white collar offenses are usually prosecuted by federal authorities. The FBI is responsible for processing those accused of federal white-collar crimes. Federal white-collar charges result when they transpire on or against federal property and institutions, but they are mostly a federal offense because they normally involve financial institutions and businesses across several states. Some of these offenses include, but are not limited to, money laundering, tax evasion, election law violations, embezzlement, and several types of fraud, like mortgage, bank, health care, mass marketing, securities, and commodities, and corporate fraud. People in business or government are the vast majority of those arrested for white collar crimes. These are not victimless crimes.There can be billions of dollars at stake, along with the livelihoods of thousands of people. The penalties for white -collar crimes can range from a simple fine to jail time of a few years. The punishment will depend on the extent of the money involved, people affected, and even the social implications of your crime. You will immediately need a federal public corruption lawyer if you are facing public corruption charges in Kentucky or anywhere else.
You need an experienced lawyer that specializes in criminal defense
All of our criminal public corruption attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers as well as the Kentucky Bar Association, with decades of experience in matters of public corruption charges and public corruption defenses or other practice areas. We value the best interest of every client, above all, and with our insights about law, we can create new defense opportunities in your case, no matter how minor. When it comes to public corruption crimes, you need public corruption attorneys who will fight for your constitutional rights, and start by doing an evaluation of every evidence and detail of your case content, no matter how inconsequential they may be. We will then create the best defenses in your trial and strive to avoid the harshest sentence or any penalties at all.
Free Consultation & Case Review from our experienced public corruption lawyers
At CIR Legal, our public corruption attorney’s public corruption defense services include offering free consultation and case review to potential clients or otherwise. Our public corruption attorneys have fought and will always strive to fight for the rights of every defendant in the state of Kentucky, no matter the type of offense. Call our law office at 859-636-6803 or fill out our form for a free consultation, be it pm or am.
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