Bribery of a Public Servant in Tennessee

Bribery of a Public Servant or Accepting a Bribe as a Public Servant

If you have been charged with bribery of a public servant or accepting a bribe as a public servant in Tennessee, the Knoxville white collar crime attorneys at the law offices of Baker Associates will employ powerful defense tactics on your behalf.

Our experience can help you understand the complex legal issues and available defenses that arise when you have been charged with a crime. By investigating the issues involved and the defenses available we can often find weaknesses and inconsistencies in the government's case that help protect your legal rights. As a former prosecutor, Joseph A. Baker has the knowledge and experience necessary to properly defend you if you have been accused of a bribery offense.

Bribery of a Public Servant in Tennessee

A person bribes a public servant in the state if he or she offers, confers or agrees to confer any pecuniary benefit upon a public servant, such as a police officer or politician, with the intent to influence the servant's

A person is guilty of accepting a bribe as a public servant if he or she solicits, accepts or agrees to accept any pecuniary benefit upon the agreement or understanding that his or her actions as a public servant will be influenced by the benefit. Public servants found guilty of accepting a bribe are disqualified from holding office pursuant to T.C.A. 39-16-106.

Under the bribery Act, "pecuniary benefit" means benefit in the form of money, property, commercial interest or anything else the primary significance of which is economic gain.

Defenses to Bribery of a Public Servant

Under the Act, the accused may not rely on a defense that the public servant was not qualified to act in the desired way. For example, a public officer could not defend on the basis that he or she has not yet assumed office or lacked jurisdiction.

However, there are defenses explicitly provided for in the bribery statutes. First, it is an affirmative defense that the benefit was a fee or some other benefit prescribed by law to which the public servant was lawfully entitled. Proof of this exception by a preponderance of the evidence relieves the accused of criminal liability.

A second defense to this offense can be made out by proof that the benefit involved was trivial and presented no substantial risk of undermining the public office.

A third defense can be made out upon proof that the benefit conferred was a lawful contribution made for the political campaign of an elective public servant when the public servant was a candidate for nomination or election to public office. If evidence is introduced supporting the defense of a lawful campaign contribution, the burden is on the state to prove beyond a reasonable doubt that the benefit was not a lawful contribution made for the political campaign of an elective public servant when the public servant was a candidate for nomination or election to public office.

Consequences

Bribery of a public servant or accepting a bribe as a public servant is a Class B felony. Penalties for these crimes may include,

Protecting the Rights of Our Clients

In order to strengthen your position as one of our clients, attorney Joseph A. Baker and his associates have received the most up-to-date training available. By attending numerous seminars and colleges, including the prestigious National Criminal Defense College, each attorney at the law offices of Baker Associates will fight to see that your rights are protected in court.

If you have been accused of bribing a public servant or receiving a bribe as a public servant in TN, contact attorney Joseph A Baker and his associates to discuss your case.

If you have been charged with bribery of a public servant, contact a lawyer at our offices by completing the form below.






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Knox County
2126 First Tennessee Plaza
800 South Gay Street
Knoxville, Tennessee 37929

Phone: (865) 521-0001
Toll-free: (866) 853-2888

Sevier County
121 Court Avenue
Sevierville, Tennessee 37862

Phone: (865) 546-6000
Toll-free: (866) 853-2888

Washington County
300 East Main Street
Johnson City, Tennessee 37601

Sevierville Bribe Defense Lawyer Disclaimer: The white collar crimes or other legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact an attorney at our law firm. This web site is not intended to solicit clients for matters outside of the State.


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