New York Penal Law 115.05: Criminal facilitation in the second degree

New York Penal Law 115.05: Criminal facilitation in the second degree

Aiding in a crime can make one just as guilty as the person who actually committed the crime, and this is called criminal facilitation. There are four degrees of criminal facilitation that one can be charged with, and different factors that determine which degree is suitable for the crime. The facilitator’s age, the age of the person who committed the crime, and the type of crime, will all determine the degree of the crime. One who assists another person in committing a class A felony can be charged with criminal facilitation in the second degree, and should seek legal representation.


A class A felony would include drug trafficking, murder or arson. The lawyer would have to prove that the accused facilitator had no knowledge that they were involved in the crime, or that the other person was committing any type of crime. The lawyer could also put together a defense, stating that the accused had to facilitate because they were in fear of their own life, and they were in fear and threatened by the person that committed the crimes. Proof of physical or mental force, or threats would be needed. These would be the two strongest defense tactics for getting the charges dropped.


If charged with criminal facilitation in the second degree, one could be sentenced up to 15 years in prison, get 5 years of probation once out of prison, and could have to pay other types of fees. Having this conviction and a felony on a criminal record can cause lifelong problems. It can be difficult to get a job with this type of conviction, and some employment fields and industries won’t allow someone with a felony, or this type of crime, to work. The specifics of the crime and the age of the accused can determine how long this is on one’s personal record, and how it affects the rest of their life.


It’s important not talk with anyone that is taking statements in the case, and to get a lawyer for representation as soon as you are notified of the pending charges. If a family member has been arrested and is facing these charges, contacting a criminal lawyer on their behalf if something that needs to be done immediately. Gathering evidence and getting to the bottom of the case will be the lawyer’s number one concern, and the accused needs to stop communication with anyone, and stop doing anything that can harm their case.


The outcome of the case involving the person that the accused was facilitating will have no result on the accused case. Facilitation charges could still be charged. If the accused has no previous criminal charges or behavioral concerns, it may be possible for the criminal lawyer to work out a plea deal with the judge and the prosecution in the case. If the accused is in fear of their life, and could be in danger by speaking out or testifying against the person that they were allegedly facilitating, a protective scenario may be granted. A NYC criminal lawyer with experience working a criminal facilitation in the second degree charges will go through the evidence and the facts to find out what the best defense will be, and to find out how to fight the charges or work out the best plea deal.

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