What is Extortion?

extortion
Extortion, also known as blackmail, can be committed in many different ways. It can be committed by threat or force, by a threatening letter, or by signature.

Extortion by Threat or Force

In order to be guilty of this crime, all of the following must be proven by the prosecutor:

  • You threatened to do one of the following to the victim, –
    • Unlawfully injure or use force against the victim, a third property, or his/her property
    • Accuse the victim or a relative of a crime, or
    • Expose a secret of the victim or a family member, connect them with some kind of crime, disgrace, or scandal.
  • The threat or force was used or intended to force the victim into consenting to give money and/or property or to do an official act,
  • As a result of the threat, the victim consented to give money and/or property or to do an official act, and
  • The victim did give money and/or property or performed the official act.

Extortion by Threatening Letter

The legal definition of this crime is that you sent or delivered a threatening letter or some kind of writing, and in this writing, you threatened to do one of the following.

  • Unlawfully injure or use force against the victim, a third property, or his/her property
  • Accuse the victim or a relative of a crime, or
  • Expose a secret of the victim or a family member, connect them with some kind of crime, disgrace, or scandal.

When the letter was sent you intended to use this threat to obtain money, property, or an official act from the person.
This type of extortion is similar to by threat or force, but with one major difference. The threat is by letter or in writing and the person the letter has been sent to does not have to hand over the money or property or commit an official act.

Extortion of Signature

This crime occurs when all of the following are true.

  • You threatened to do one of the following to the victim, –
    • Unlawfully injure or use force against the victim, a third property, or his/her property
    • Accuse the victim or a relative of a crime, or
    • Expose a secret of the victim or a family member, connect them with some kind of crime, disgrace, or scandal.
  • The threat was used or intended to obtain the other person’s signature on a document or check that would transfer property or create a debt or right of legal action, and
  • As a result of the threat, the person did actually sign the document or check.

Penalties for Extortion

The crime is a felony and the potential penalties include:

  • 2-4 years in a county jail,
  • A fine up to $10,000, and/or
  • Felony probation.

If extortion is commited upon a “dependent person” or a “senior” it is considered aggravated when the judge imposes the sentence.
If this crime is in relation to gang activity, it counts as a “strike” offense under California’s Three Strikes Law.

Legal Defenses for Extortion

An experienced California extortion lawyer can present a number of legal defenses on your half.

There was consent.

In order to be guilty of extortion, the threat has to be the main reason why the victim gave money, property or performed an official act. If there’s a different reason why the person consented, you can’t be liable for extortion.

You were falsely accused.

Someone who is angry or jealous may have falsely accused you of extortion in order to get revenge. An experienced criminal defense lawyer knows how to find the truth and uncover these false allegations.

There is insufficient evidence.

A lot of times, extortion allegations comes down to the victim’s testimony, which may not be reliable. You may not have threatened the person, but instead, it was a misunderstanding.

Fresno Extortion Lawyer

If you have been charged with extortion, an experienced criminal defense lawyer can help you fight the charges.

Any questions? Contact us.

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