The court system uses California Penal Code Section 165: Bribery of County Supervisors to prosecute that specific type of corruption and the individuals who try to bribe officials in local governments. The state of California considers a bribe to give anything of value to a government official in exchange for official acts.
If you are being accused of bribery by a county supervisor, you must contact a bribery lawyer as soon as possible. Working with a lawyer will give your case a better chance than working alone.
What Is Considered a Crime Under California Penal Code 165?
California Penal Code Section 165 states that bribery, either of or by a county board member, is a crime. Any violation of CPC 165 is considered a felony offense and can be charged with prison.
It is considered a crime to:
- GIve or offer something of value to a county supervisor
- Taking or agreeing to take something of value while being a county supervisor
- To do it with a corrupt intent
- And to do it in exchange for an official action
California Penal Code Section 165 Quick Reference
California Penal Code Section 165 prohibits bribery of and by county supervisors, although that includes some government officials. Individuals should only face PC 165 charges if they attempt to bribe a member of:
- A common council
- A board of supervisors
- A board of trustees
Individuals on the board for cities, counties, or public corporations are considered county supervisors by the legal system in California. Generally, the court only hands down a conviction for a CPC 165 charge if someone acted with “corrupt intent.”
Bribery of a County Official Leads to Serious Penalties
Attempting or successfully bribing a county official may have major repercussions in California courts. They treat CPC 165 as felony-level offenses that can get charged with prison for two, three, or four years.
The prison system in California is often considered harsher than the jail system. Besides, you may end up incarcerated further away from your family if you are convicted of a felony.
How Can the Prosecutors Prove Bribery Under CPC 165?
A prosecutor accusing you of bribery of a county supervisor under CPC 165 will try to prove the following:
- You gave or promised something valuable to a member of a city or county council, or a board member of a public corporation
- You did it with a corrupt intent
- You did it in exchange for an official act
Examples of Bribery for PC 165 Charges
It’s important to understand what constitutes bribery in California. The prosecution may charge an individual under PC 165 if, to influence a county supervisor, they offered or gave the public server something of value.
Note that corrupt intent comes into play when considering acts of bribery in California. Individuals act with corrupt intent if they are trying to gain an unfair advantage.
There are many other charges for bribery used in California, including:
- Bribery of or by an Executive Officer or Public Employee (California Penal Code §§67 and 68)
- Bribery of or by Legislators (California Penal Code §§85 and 86)
- Bribery of Judges and Jurors (California Penal Code §§92 and 93)
- Bribery of or by Witnesses (California Penal Code §§137 and 138)
Consider Defenses for PC 165 Accusations in California
A PC 165 accusation doesn’t have to lead directly to a conviction in California. You may get help building a defense by working with a criminal defense lawyer who can dig into the specific facts of your case. An experienced attorney can show that:
You did Not Act With Corrupt Intent
You should only face a conviction for bribery of county officials if you were acting with corrupt intent. The state of California defines corrupt intent as the aim to gain an unfair advantage.
Perhaps you offered a county official a gift for innocuous reasons. If you were not trying to influence the official to gain a benefit, you could avoid a PC 165 conviction.
You didn’t Offer a Bribe to a County Official
Perhaps you offered a bribe to someone who was not a county official, or maybe the person was not yet a county official when the events occurred. Under California law, individuals should face PC 165 charges only if they bribe a member of a board of trustees, a common council, or a board of supervisors.
While you may not face PC 165 charges in this situation, you could still face criminal bribery charges, which may lead to less severe penalties.
You Were Entrapped by the Police
It is considered entrapment when a law enforcer uses harassment, threats, or even flattery, to make someone commit a crime. Law enforcement officers must operate within the bounds of the law.
Sometimes they go too far while attempting to make an arrest. The cops could lure or push you into offering a bribe. In this situation, your lawyer could work to show they entrapped you.
Can I Go to Jail for Bribing a County Supervisor?
Yes. In California, bribery of county supervisors is considered a felony offense. That means individuals convicted can face up to 4 years in prison.
What Is Exactly a County Supervisor?
California law states that individuals should only face CPC 165 charges if they attempt to bribe a member of:
- A common council
- A board of supervisors
- A board of trustees
Board members of private corporations can be charged too.
Can I Be Charged if a County Supervisor Asked Me for a Bribe?
Yes. California Penal Code Section 165 prosecutes both: the county supervisors and any individuals involved. Although if your attorney can prove a county supervisor entrapped you, the charges may get dropped.
Speak to a Lawyer About Bribery of County Officials Charges
According to California Penal Code Section 165: Bribery of County Supervisors, being accused can lead to serious consequences if taken lightly. The attorneys at Simmrin Law Group have successfully defended dozens of clients in your situation.
Contact us now and get a free consultation. Discuss your legal situation with an experienced defense lawyer.