Being charged with bribery in California can instantly damage your career, your relationships, and your reputation. Whether the accusation involves a public official, a corporate contract, or a private business deal, these cases are aggressively prosecuted—and often misunderstood. The good news? A charge is not a conviction, and the right legal strategy can make all the difference.
At Simmons Wagner, LLP, we defend individuals throughout Southern California against white-collar charges—including bribery and corruption allegations involving both public and private sector conduct. If you’ve been accused, are under investigation, or have received a subpoena, here’s what you need to know right now.
What Constitutes Bribery in California?
Under California Penal Code §67, §68, and §165, bribery involves the offer, promise, or exchange of anything of value to influence the action, decision, opinion, or vote of a public official or employee. There are also provisions for bribery in commercial settings, often charged under Penal Code §641.3, which targets private sector transactions (such as kickbacks between business partners or vendors).
Examples include:
- Offering money to a building inspector to overlook violations
- Paying a government official to secure a contract or permit
- Receiving gifts in exchange for preferential treatment in hiring
- Commercial kickbacks to influence purchasing decisions
Both the person offering and the person accepting a bribe can be charged. Even if the transaction wasn’t completed, an offer or agreement alone can result in criminal liability.
Bribery vs. Legal Gifts: Where’s the Line?
California law allows certain gifts, political contributions, and gratuities—but only if they’re not intended to influence official action. That’s why bribery charges often turn on one key issue: intent.
Prosecutors must prove that:
- A valuable item or benefit was offered or accepted,
- There was corrupt intent to unlawfully influence an official act or business decision, and
- The action or decision involved public duty or corporate responsibility.
Intent is everything—and it’s also one of the most difficult elements to prove.
What Are the Penalties for Bribery?
Bribery is usually a felony in California, with potential consequences including:
- 2 to 4 years in state prison
- Fines of up to $10,000—or in some cases, twice the amount of the bribe
- Loss of public office or government employment
- Permanent damage to your reputation and professional standing
If the case involves federal funds or interstate activity, bribery can also trigger federal charges, which come with steeper penalties.
Common Defense Strategies in Bribery Cases
Bribery cases often hinge on communications, financial records, and witness testimony—but these can be vague, taken out of context, or misinterpreted. Possible defenses include:
- Lack of corrupt intent: The exchange may have been a legal gift, campaign contribution, or act of goodwill.
- Entrapment: Law enforcement may have induced the alleged bribe through undercover tactics.
- Insufficient evidence: Circumstantial or unclear evidence may not meet the high burden of proof.
- Mistaken identity or third-party involvement: The accused may have been wrongfully implicated in someone else’s wrongdoing.
- No official act influenced: If no public or corporate duty was affected, it may not meet the legal standard for bribery.
At Simmons Wagner, LLP, we scrutinize every document, email, text, and transaction—and challenge the prosecution’s interpretation at every stage.
Don’t Wait for Charges to Be Filed
Many bribery cases begin with a whistleblower complaint, ethics investigation, or internal audit. If you’ve been contacted by investigators, subpoenaed for documents, or are aware of an ongoing probe, now is the time to act.
Do not speak to law enforcement or internal investigators without counsel. Even offhand remarks or seemingly harmless explanations can be used against you later.
Call Simmons Wagner, LLP Today to Protect Your Rights
Whether you’re a public official, business owner, executive, or employee, a bribery accusation can have life-changing consequences. But early legal intervention can often prevent charges, reduce penalties, or lead to a full dismissal.
Call Simmons Wagner, LLP at (949) 439-5857 today for a confidential consultation. We’ll help you understand the charges, explore your options, and fight to protect your future.