A solid legal defense is critical when facing bribery charges. Bribery, a severe offense, involves offering or receiving something of value to influence the actions of an official or individual in a position of power.
Below are some common defenses that attorneys may employ when representing someone accused of bribery.
Lack of intent
One of the primary elements in a bribery case is the intent to influence or be influenced. If the defense can demonstrate that there was no intent behind the exchange, it may undermine the prosecution’s case. For example, if the accused can show that the money or gift was given without expecting a specific outcome, it could support a claim of innocence.
Entrapment
Entrapment occurs when law enforcement officials induce someone to commit a crime they would not have otherwise committed. If the defense can prove that the defendant was pressured or coerced by authorities into accepting or offering a bribe, the charges could be dropped. This defense requires evidence showing that the idea and motivation for the crime originated with law enforcement, not the defendant.
Insufficient evidence
For a bribery charge to be held, the prosecution must present clear and convincing evidence of the illegal exchange. A defense attorney may argue that there is insufficient evidence to establish that bribery occurred. They might challenge the credibility of witnesses, question the authenticity of recorded communications or highlight gaps in the prosecution’s case to create reasonable doubt.
Coercion or duress
If the defendant was forced or threatened into committing the bribery act, they may use coercion or duress as a defense. This argument relies on proving that the defendant acted under extreme pressure without any reasonable alternative, thereby negating their culpability.