Have you ever been in a situation, knowingly or unknowingly, where you may have blackmailed someone? Meaning that you used information against someone in order to get something you wanted. Maybe it was a misunderstanding, or maybe you were unaware of what you were doing, but now you could face criminal charges for extortion. So what does this mean?
Extortion, also referred to as blackmail, is the act of obtaining services, property, or monies, by the use of a physical, written, or verbal threat, which induces fear and compliance in the other party. The threat is the main subject in the case. It determines the context in which the conversation happens, and whether the other person felt threatened. A threat to turn someone in, to accuse him or her of a crime, to expose a secret of theirs, to injure them, or to destroy their property or their character can all be part of the charge of extortion. It is also a violation if you use a computer, phone, or the mail and commerce systems.
As a general rule, extortion is a felony in California, punishable by two, three or four years in prison, and/or a $10,000 fine. There are, however, a few instances where it is charged as a misdemeanor. For example, if you, or someone you hire, delivers a false document meant to look like an official court document in an attempt to acquire something, this is considered extortion, but to a lesser degree.
The formal description of extortion under California Penal Code Section 518 PC is:
- The use of force or threats to compel another person to give you money or other property,
- The use of force or threats to compel a public officer to perform an official act, or
- If you are a public official, an act under color of your official right to compel another person to give you money or other property
There are also over 30 other penal codes relating to extortion charges such as Code 523 – extortion by a threatening letter, Code 522 – extortion by signature, as well as attempted extortion. If you have been charged with extortion in California, there are a number of common defenses that could apply in your case such as false accusation, no proof of coercion or threat, or insufficient evidence. Only an experienced California criminal defense attorney can evaluate the unique facts and circumstances of your case and provide you with specific advice.
If you need additional information, or have specific questions or concerns, contact an experienced California criminal defense attorney as soon as possible.
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