Extortion occurs when someone forces another person to give up money, property, or services by making threats or threats of intimidation. This crime seriously violates personal rights. Extortion does harm, whether the threat involves physical violence, damage to reputation, the release of private information, or some combination thereof. Courts respond with strict penalties to reflect the severity of the offense. Under Penal Code 518, extortion is a felony, and a conviction results in significant penalties. You should not ignore extortion charges since a conviction will impact your professional and personal life, hurt your job prospects, tarnish your reputation, and damage relationships.
If you have been accused of extortion, you must seek legal help immediately. Understanding extortion amounts and your rights will help you better maneuver the charges.
An Overview of What Amounts to Extortion
At the heart of extortion is pressurizing another person to give up something of value. This coercion is most often in the form of threats of harm or unfavorable consequences, forcing the victim to comply. These threats may be physical violence, property damage, or emotional or reputational harm. In others, the danger may be that private information will be revealed or that there will be financial hardship.
Extortion capitalizes on exploiting fear. The offender pressures the victim to do something that is not in the victim’s best interest. Extortion is often mistaken for theft, but the two are fundamentally different. Theft occurs when you take someone else’s property without their consent, depriving them of their possessions. In this case, the victim does not willingly give up their property. Instead, you take it without permission.
In contrast, extortion is coercing the victim, and the victim agrees to give you money or property or perform an act because of the threat. The victim gives consent, but it is not genuine or voluntary. It is the product of your pressure to make the victim consent through intimidation or the threat of harm.
One of the most common forms of extortion is getting a signature through threats. In this situation, you can intimidate a person to sign a document. This act, by its very nature, is coercive. For instance, if you shake down your victim into a contract or get him/her to agree to a transaction in exchange for withholding damaging information, you have extorted the victim. This tactic shows how fear can make victims do what they would not have done willingly. The victim feels trapped and does what you ask to avoid the dire consequences you threaten because they think that acquiescing to your demands is their only way out of harm. This coercion is evident in cases involving legal agreements and financial documents. In these situations, victims feel they have no choice but to act as demanded.
Another form of extortion is using threatening letters. When you send a written threat demanding money or property, you employ a strategy that instills fear and compels compliance. Many of these letters are specific, including threats of exposing embarrassing secrets or severe consequences if the victim fails to fulfill your demands. And there is a psychological impact when the victim receives this letter. They will experience an urgency to act. If you are serious and communicate your intentions with a serious and permanent tone, the victim may be unable to dismiss the threat. This ongoing anxiety can cause them to do whatever you demand.
Blackmail is also a particular and notorious form of extortion. It involves threatening to reveal sensitive information about someone unless they fulfill specific demands. This information may contain personal secrets, compromising images, or incriminating evidence. This information gives you power over the victim and forces them to do something against their will to avoid exposure. Blackmail shows the manipulative nature of extortion because it includes pressuring an individual while capitalizing on profiting from the victim’s fear of damaging his/her reputation or personal loss.
What Prosecutors Must Prove in an Extortion Case
When you face accusations of extortion, prosecutors must establish several key elements to prove the crime, namely:
- A threat — You must have threatened to cause unlawful injury or force, falsely accused someone of a crime, or threatened to expose a secret. This threat forms the basis of the extortion claim.
- Your intent — You must have intended to force the victim to give you money or property or for the victim to perform an official act. Establishing extortion requires proving your intent to manipulate or control the victim. Extortion is a specific intent crime. That means you must have the desire to extort another and the intent to get a particular outcome, for example, obtaining property or money.
- Consent — If you demand something from the victim, they must have consented to your demands, but this consent must arise directly from your threat. However, their compliance is not in good faith. It is based on fear or intimidation.
- The victim’s actions — You needed to have gotten something of value from the victim, be it money, property, or an official act. The victim’s actions prove that your coercive actions worked.
Issuing a Threat
The threat is the central element in extortion, essential in defining the crime. It does not matter if you fail to cause harm to the victim. You can still be charged with extortion. Instead, prosecutors will demonstrate to the jury that the threat was coercive and a psychological weapon. The jury will likely convict you even if you never carry out the threatened action. Simply instilling fear is enough.
The threats involved in extortion can also vary. They could include:
- Threats of physical violence.
- Threats to disclose embarrassing or damaging information and
- Threats to harm the victim’s property or reputation.
Most importantly, the victim feels compelled to comply with your demands to avoid the feared consequences. It takes place under duress; the victim sees no alternative but to give in to your threats.
In an extortion case, the victim must perceive the threat as real and credible. The law requires the victim to believe the threat is serious and that negative consequences will follow if he/she fails to comply with your demands.
Your Intent
For extortion, your intent must have been to pressure the victim to pay you money, give you property, or do an official act, such as signing over property or valuables. You must also have a specific intent to manipulate or control the victim through threats or coercive tactics.
Prosecutors must prove that you are not only threatened but intend to get a particular result. That is, the victim will do what you demand out of fear. However, your actions need to unequivocally show your intent to use the intimidation to get something of value, that is, to use it coercively to commit the offense.
The Victim’s Consent
Extortion cases require consent. However, this consent is coerced and entirely different from ordinary consent. Threats create fear in extortion, and the victim agrees to provide money or property or act out of fear. The victim’s fear of not having a real choice, and hence being unable to make an informed decision, is a significant contributing factor that distorts their ability to make an informed decision willingly.
Ordinary consent occurs when the person making the choice voluntarily agrees to participate in an action. However, extortions rely on coercion that deprives the victim of the ability to give genuine consent. If you use a threat or intimidation, you have removed autonomy from the victim and forced them to do something they were not going to do anyway.
The Victim’s Actions
The victim must have provided you with something of value, such as money, property, or, in situations involving legal situations, transferred or signed over official documents. These actions serve as evidence that your coercive actions were effective.
When the victim complies with your demands, it means your threats or intimidation worked, and you pressured them into it. However, without the victim transferring something of value, it becomes difficult to prove that coercion occurred.
Penalties for Extortion
Extortion carries several penalties. If convicted of extortion, you could face:
- Two, three, or four years in state prison — The exact sentence will vary based on the nature of the threats used to obtain it and the value of the property or services extorted.
- A fine of up to $10,000.
- Felony probation — Probation consists of strict conditions, including mandatory counseling, community service, and regular reporting to a probation officer. It is an alternative to imprisonment.
The presiding judge could also order you to pay the victim whatever financial losses they suffered due to your actions through a court-ordered restitution payment.
Common Defenses in Extortion Cases
Extortion is a serious offense and has severe consequences. You are better off with a criminal defense attorney when fighting the charges against you. When you hire an experienced attorney, you have someone who understands the charges, knows how to present your defense, and knows the legal intricacies involved in similar cases.
An experienced attorney will go through the evidence, identify weak areas in the prosecution’s case, and challenge any violations of your rights. They can negotiate with prosecutors to potentially reduce charges or even secure a dismissal, depending on the circumstances of your case. If the matter proceeds to trial, your attorney will play a crucial role in developing a strong legal strategy to protect your interests.
Some of the defenses he/she could use include the following:
You Did Not Use Force, and You Did Not Threaten The Victim
You can argue that you did not use force or make any threats against the person you are accused of extorting. Extortion involves coercion or intimidation to obtain something of value. If you show that no threat was issued, direct or implied, it challenges the foundation of the prosecution’s case.
For example, assume you are putting pressure on your business partner to sell their share in a company, and they later accuse you of extortion. The prosecutors then argue that you threatened to expose damaging personal information unless the partner complied. In this case, you can claim that no threats were made. If you can provide evidence, including emails or messages demonstrating that your conversations were routine negotiations, with both sides free to propose and to bargain without coercive language, you can convince the court that what effectively occurred was routine negotiations.
Your attorney could focus on whether any interaction between you and the victim was voluntary, devoid of fear or duress. He/she could also argue that the victim’s claims are exaggerated or based on misunderstandings. That is, your conduct did not rise to the level of intimidation needed for extortion.
When your attorney casts doubt on the prosecution's evidence, like witness statements or any other document that hints at coercion, he/she will effectively undermine the state’s case. Demonstrating that you did not use force or threats significantly undermines the prosecution's case. This increases the likelihood of a favorable outcome through acquittal or reduced charges.
You were Falsely Accused
False accusations in extortion cases can happen to anyone, and you may face unjust claims at some point. Most of these allegations often stem from misunderstandings or personal motives.
For example, assume you used to do business with someone, and they accuse you of extortion after a financial dispute. If the relationship ended on bad terms, your former partner could use these accusations to get back at you or gain an advantage.
In high-stakes situations, emotions often escalate, and people overstate or overplay the truth. Someone who is disgruntled with you may believe that falsely claiming you engaged in extortion will help them in the conflict. This dynamic happens in all kinds of relationships, personal and professional.
Furthermore, misunderstandings can arise from legitimate discussions or negotiations. Someone could view your perceived assertive communication as coercive. This difference in interpretation can ruin your reputation and career.
The Victim Did Not Act
The victim must have acted under coercion or fear to lay the foundation of the extortion charges. If the prosecution is to prove a case against you, they must prove that the victim complied with your demands. However, if the victim did not act, that is, if he/she made no payment, failed to transfer property, or failed to fulfill an official duty, the case against you weakens.
In extortion cases, the victim's response is critical. The prosecution’s argument is challenged if there is evidence that the victim did not give in to your demands or that they did not feel pressured to comply. This is a vital element of extortion. Legally, coercion must produce a tangible result when an alleged victim is coerced. Otherwise, the accusation becomes invalid.
Moreover, if the victim did not respond to your alleged threats, it raises questions about the nature and seriousness of the alleged threats. Were they credible enough to warrant a reaction? If the victim did not take action, then your behavior was not threatening, or at least he/she did not experience genuine fear. In your case, this situation can serve as a good argument because it proves you did not coerce the alleged victim.
Civil Extortion Claims By Victims
The victim can sue you in a civil matter for the extortion. This lawsuit is separate from the criminal case. Civil lawsuits are separate from criminal proceedings in their intention and outcomes. A victim initiates a civil lawsuit to try and secure compensation for the harm they believe your actions caused. The burden of proof in a civil suit is far lower than that in a criminal case, where the prosecution must prove you are guilty beyond a reasonable doubt. The victim needs only to show that it is more likely than not that your conduct has caused him/her to suffer losses.
Even if you are acquitted in the criminal trial, the victim can still win the civil action.
Furthermore, the results of these cases do not affect the other. Your having been acquitted in a criminal proceeding does not create immunity from suit in a civil action. On the other hand, a conviction in criminal court in no way prohibits you from defending yourself on an accompanying civil claim. The evidence is evaluated under different standards of law in each process, resulting in different results.
Find a Criminal Defense Attorney Near Me
Extortion charges present significant challenges in the courtroom and the court of public opinion. These allegations can be serious and cause reputational harm, affecting your personal and professional relationships.
In a trial, you must face the prosecution's case, which can involve confronting significant evidence against you. If you are convicted, those penalties may be severe, even imprisonment or fines. Also, these charges could give rise to potential civil proceedings in which an alleged victim asks for compensation for the harm the party charged with having caused.
With these complexities, it is crucial to secure the expertise of a criminal defense attorney for your criminal case. The Los Angeles Criminal Defense Attorney team understands the nuances of extortion laws and can help you navigate the intricacies of your criminal proceedings. With our support, you can effectively fight the extortion charges against you. We will work to protect your rights during the entire process. For more information, call us at 310-564-2605.
