Most people have a general sense that bribing a government official is illegal. What surprises many Weld County residents is just how broadly Colorado law defines ‘influencing’ and how quickly an ordinary interaction with law enforcement, a court employee, or another public official can cross a legal line that results in serious felony charges.
Attempt to Influence a Public Servant is one of those charges that feels abstract until it isn’t. If you or someone you know is facing this charge in Greeley or anywhere in Weld County, these answers to frequently asked questions are a useful place to start.
What Is Attempt to Influence a Public Servant Under Colorado Law? A Greeley Defense Attorney Explains
Colorado Revised Statutes § 18-8-306 defines Attempt to Influence a Public Servant as using or threatening to use force, violence, or economic reprisal against any person, or offering or conferring any benefit on a public servant, with the intent to alter or influence that public servant’s decision, vote, opinion, or action in their official capacity.
The statute is deliberately broad. It covers not just outright bribery (i.e. handing cash to a police officer) but a wide spectrum of conduct including threats, offers of favors, and attempts to use personal or professional leverage to affect how a public official does their job.
Weld County Attempt to Influence a Public Servant Lawyer: Who Qualifies as a “Public Servant” Under This Law?
This is one of the questions that most surprises people facing this charge. Colorado law defines “public servant” expansively. It includes elected officials, appointed government employees, law enforcement officers, prosecutors, judges, jurors, court-appointed referees, and essentially anyone performing a governmental function, including at the local, county, and state level.
In practical terms, this means the charge can arise from interactions with a Greeley police officer during a traffic stop, a Weld County Sheriff’s deputy during an investigation, an employee at the Weld County courthouse, a code enforcement officer, a social worker employed by a government agency, or a member of a city or county board. The reach of the statute extends well beyond the stereotypical image of a politician taking a bribe in a back room.
What Kind of Conduct Actually Gets Charged as Attempt to Influence a Public Servant in Milliken and Johnstown?
In Weld County courts, Attempt to Influence a Public Servant charges arise from a variety of real-world scenarios. Some of the most common include:
- Offering money, drugs, or other benefits to a law enforcement officer to avoid an arrest or citation
- Lying to an officer to avoid arrest or ticket
- Threatening a witness, juror, or court official to affect testimony or a decision in a pending case
- Attempting to use a professional or personal relationship to pressure a government employee into taking favorable action
- Offering something of value to a code enforcement or licensing official to overlook a violation
- Making implicit or explicit threats against a public official who has made or is about to make an unfavorable decision
It is worth noting that the conduct does not have to succeed. The charge is “Attempt to Influence” meaning the mere act of making the offer, threat, or inducement is sufficient for criminal liability, even if the public servant immediately refuses, reports the conduct, or is operating undercover as part of a sting operation.
What Are the Penalties for Attempt to Influence a Public Servant Charge in Colorado?
Attempt to Influence a Public Servant is a Class 4 felony under Colorado law. The presumptive sentencing range for a Class 4 felony is two to six years in the Colorado Department of Corrections, with fines ranging from $2,000 to $500,000.
Courts have discretion to impose probation or community corrections in appropriate cases, particularly for defendants with no prior criminal history. However, a Class 4 felony conviction is a serious matter under any circumstances. Beyond the immediate sentence, a felony conviction in Colorado carries lasting consequences like loss of voting rights during incarceration, restrictions on firearm possession, barriers to employment and professional licensing, and impacts on housing and immigration status, among others.
What Should I Do If I’m Under Investigation or Have Been Charged in Weld County?
The single most important step is to contact a criminal defense attorney before saying anything further to law enforcement or prosecutors. Attempt to Influence a Public Servant investigations often begin with law enforcement approaching the person under investigation for a follow-up conversation, one that feels informal but is anything but. Statements made during those conversations can and will be used against you.
The Weld County District Attorney’s office prosecutes public integrity offenses seriously, and the perception that someone attempted to manipulate or corrupt a government official tends to generate significant prosecutorial motivation. Early, experienced legal representation gives you the best chance of challenging the charge before it gains momentum. If you are facing this charge anywhere in Weld County, whether in Greeley, Evans, Windsor, Erie, or the surrounding communities, do not wait to seek legal counsel.
If you or someone you love has been charged with Attempt to Influence a Public Servant, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009. Together, we can protect your future.
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