![]() When the intent of the extortionist is to have the victim sign a document or check, the defendant can be charged with extortion of signature under California Penal Code Section 522 PC. When the extortionate demand is in writing, the defendant can be charged with extortion by threatening letter pursuant to California Penal Code Section 523 PC. AND harms the threatened person's reputation or other interest so much that he or she would likely pay to prevent the fact from being disclosed.Is unknown to the general public or to someone who might be interested in knowing the fact.Threatening to do something that a person has a legal right to do is not a threat to commit an unlawful injury. The threat must be the controlling reason that the other person consented. When dealing with extortion, consent can be coerced or unwilling, as long as it is given as a result of the wrongful use of force or fear. AND as a result of the threat or use of force, the other person complied with the defendant’s demands.As a result of the threat or use of force, the other person consented to the defendant's demands.When making the threat or using force, the defendant intended to use that fear or force to obtain the other person's consent, money, property, or have that other person perform an official act.threatened to expose a secret of another person.threatened to accuse someone else of a crime.threatened to unlawfully injure another person.In order to prove a charge of extortion by threat or force, a prosecutor must be able to establish the following elements: Extortion is a felony offense that can result in lengthy prison sentences. Often, the victims of extortion feel compelled to comply due to the extortionist's threats. Please contact The Cochran Firm today for a free consultation.Under California Penal Code Section 518 PC, extortion (commonly referred to as "blackmail") is a criminal offense that involves the use of force or threats to compel another person into providing money or property, or using force or threats to compel a public official to perform or neglect an official act or duty. ![]() If you're facing an extortion charge, our criminal defense lawyers should be your first call. You can trust in our criminal defense lawyers' knowledge of case law and experience to find the right argument. Ultimately, the right defense will be determined by the specific nature of the accusations and the facts of the case. Demonstrating that the so-called extortion was actually a legitimate business tactic it's not extortion, for example, to say that you will only accept a project if you are paid a certain amount of money.Evidence that the person alleging extortion gave you the money or property at issue as a result of some other dynamic beyond coercion.Proof that the person alleging extortion has an ulterior motive the charge itself can be a form of blackmail. ![]() Some common defenses for this type of case include: Fortunately, The Cochran Firm's criminal defense lawyers are equipped to provide you with a vigorous defense. There will inevitably be serious fines associated with an extortion charge, and a lengthy prison sentence is quite likely as well (if convicted). Committing extortion as part of a computer crime is a federal offense. A public official who demands a bribe in exchange for the performance of duty or the approval of a request is engaged in extortion.įurthermore, extortion can be either a state or federal crime. Public corruption is another form of extortion. ![]() Blackmail is the other famous form of extortion, and it revolves not around the threat of violence but instead the threat of disclosure. This type of case is often grouped with white collar crimes, however, because the coercion does not need to be violent in nature. In the case of the classic protection shakedown scheme described above, the coercion is the threat (or even reality) of violence. What is Extortion?Īt its most basic, it is the illegally coerced acquisition of property, money or favors. Please call The Cochran Firm today at 1-80 for a free consultation. If you've been charged with a serious crime, an experienced criminal defense lawyer is a necessity. And we know how to represent you if you've been charged with this serious crime. We know what qualifies as extortion and what does not. The Cochran Firm's criminal defense lawyers have seen how prosecutors attempt to prove extortion charges. And prosecutors are seldom reluctant to press a charge. However, it's not the only example of extortion. A criminal offering to "protect" a business in exchange for a monthly payment is, in reality, an unspoken threat: pay me or I destroy your business. Many people are familiar with the concept of extortion as a result of exposure to mobster movies. ![]()
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