PL 195.00 · Article 195
Official Misconduct
Official misconduct alleges that a public servant, intending to obtain a benefit or deprive another of a benefit, knowingly committed an unauthorized act relating to their office, or knowingly refrained from performing a duty imposed by law or clearly inherent in the office.
Has your loved one been arrested or taken into police custody?
Text us immediately · (845) 290-2492What the prosecutor must prove
- The accused was a public servant.
- With intent to obtain a benefit or deprive another of one, the accused knowingly committed an unauthorized act of office or knowingly refrained from a required duty.
Defenses that commonly apply
- The act was within the scope of authority.
- No intent to obtain or deprive a benefit.
- The prosecution must prove every element beyond a reasonable doubt; gaps in the evidence matter.
- Challenging identification, witness credibility, and the reliability of statements to police.
- Suppression of evidence or statements obtained in violation of constitutional rights.
Penalties and collateral consequences
A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to Up to $1,000 or up to twice the gain.
Every case turns on its own facts. The information on this page is general, not legal advice.
Related charges
Related practice areas
Aggressive, experienced defense for arrests, investigations, and serious charges in Rockland, Orange, and Westchester Counties.
From major felonies to misdemeanors and violations, a former prosecutor in your corner from arraignment to verdict.
Tickets, license suspensions, and DMV hearings — keep points off your record and your license in your pocket.