If you assist someone else in committing a crime, you can be held criminally liable, even if you weren’t physically present during the actual commission of the crime. This legal culpability is known as criminal facilitation and can be categorized into four degrees of charges. The specific degree of criminal facilitation you face depends on three primary factors: your age, the age of the individual you aided, and the nature of the crime you facilitated. Under New York Penal Law section 115.05, you can be charged with criminal facilitation in the second degree if you assist another person in committing a Class A felony. Examples of Class A felonies include offenses like first-degree murder, first-degree arson, first-degree kidnapping, and involvement in major drug trafficking operations.
Sentence
If you’re found guilty of second-degree criminal facilitation, which falls under Class C felony, your sentence can entail a prison term of up to 15 years, a probation period of up to 5 years, and a significant monetary penalty.
Defenses
A crucial defense against a second-degree criminal facilitation charge is the concept of duress. If you can demonstrate that you were compelled to assist another person in committing a crime against your will, you might have a valid duress defense. Duress, in this context, refers to another individual physically coercing you to engage in actions you did not wish to perform or threatening to employ physical force.
It’s important to clarify that it is not a valid defense to claim that the person you aided in committing a crime was not ultimately convicted of that offense. Additionally, asserting that you lacked the intent to commit the underlying crime is not a valid defense either.
New York Penal Law section 115.05: Criminal facilitation in the second degree
An individual is considered to have committed second-degree criminal facilitation when they engage in conduct with the belief that they are likely assisting someone who intends to commit a Class A felony. This conduct provides the other person with the means or opportunity to commit the Class A felony, and, in reality, aids that person in the commission of the Class A felony.
Related Offenses
- Criminal facilitation in the fourth degree: New York Penal Law section 115.00
- Criminal facilitation in the third degree: New York Penal Law section 115.01
- Criminal facilitation in the first degree: New York Penal Law section 115.08
Hiring a New York Lawyer for Criminal facilitation in the second degree case
Hiring a New York lawyer for a criminal facilitation in the second degree case is crucial when facing such serious charges. This offense involves aiding or encouraging another person to commit a crime. To navigate the legal complexities of New York’s criminal justice system, you need an attorney experienced in criminal law, particularly in cases involving facilitation.
Your lawyer will assess the evidence, build a strong defense, and advocate on your behalf. They’ll work to establish your innocence or minimize the charges and potential penalties. Their knowledge of local laws and court procedures is invaluable in crafting a solid defense strategy, ultimately striving for the best possible outcome for your case. Hiring a skilled New York attorney is your first step toward protecting your rights and securing the best possible resolution.