We usually associate extortion crimes with high-profile victims like prominent and wealthy individuals or public figures. However, this crime does not target any particular group of people. In California, extortion happens when someone uses illegal threats or physical force to coerce another person into giving up something they own or into doing something else. If you are convicted of extortion, you could face lengthy jail time among other penalties. Read on to learn more.
The Definition of Extortion
Both California state law and federal law criminalize threatening or extorting a public official to coerce them into giving up an item of value or to exert influence over them. People who are accused of these crimes should understand the allegations against them and the potential consequences of a conviction.
Extortion in California
Extortion is illegal in California when someone engages in one or more of the following acts:
- Utilizes force or makes threats of using force to persuade someone to hand over property or money.
- As a public servant carrying out their duty on behalf of the general public to persuade someone else to give them property or money.
- Forces or threatens to utilize force to coerce a public official into carrying out a certain duty.
The threatened individual must also feel obliged to comply with the suggested action. The offender must intend to coerce the alleged victim into giving the offender money, anything valuable, or the agreement to perform a particular act. Additionally, the accused must also issue threats against either of the following:
- Threaten to wrongfully harm or injure the victim, another person, or the alleged victim's property.
- Accuse them, or a member of their family, of committing a crime.
- Reveal a secret or create a controversy for them or a member of their family.
Every one of these components has a unique language with particular legal significance.
Threaten
California law does not require that the defendant cause the victim harm. Simply threatening to hurt them is sufficient. Threats of any kind, no matter how subdued, could be considered extortion.
Injury
The injury threatened or caused has to be unlawful, which means that the accused must lack the legal capacity to take any action.
Secret
California law provides a detailed definition of a secret. It's something that the general public doesn't know about, but it could cause damage to the plaintiff's reputation. This secret needs to be the kind that would motivate someone to forgo money or other valuables or take formal action to keep it a secret.
An Official Act
Official acts are those that public officials commit while acting within the bounds of their position. Extortion could be committed, for instance, when a person tries to sway a congressperson's vote.
A Performed Act
According to California law, a conviction for extortion requires the commission of the coerced act. The victim has to actually make the payment or carry out the action, rather than just promising to do so.
What Distinguishes Blackmail from Extortion?
Extortion and blackmail are both considered similar crimes under state law, although blackmail is more commonly known to the public. That is not to imply that extortion and blackmail are identical. As previously said, extortion entails using fear, coercion, or force, to persuade someone to offer you money, a property, or to perform a task for you.
In contrast, blackmail entails forcing someone to perform an action or offer something in return for you to maintain a secret. It is important to note that while blackmail is a kind of extortion, not every kind of extortion is deemed to be blackmail.
For instance, if you threatened to expose someone's images demonstrating that they're having an extramarital affair, that would be considered blackmail, however threatening to harm that person wouldn't be considered blackmail, even though both of these actions fall under section 518 of the Penal Code.
Examples of Extortion
Extortion can take many forms, and all of them are punishable under the law. Some examples entail threatening to:
- Destroy a treasured Picasso painting when somebody refuses to surrender their precious stones.
- Expose evidence of a prosecuting attorney's affair if she presses charges against you.
- Publish someone's nude images when they don't agree to have sexual intercourse with you, this is called sextortion.
- Accuse your ex-partner of rape when they fail to lend you their vehicle.
- Provide the police with proof that a suspect was involved in a criminal act when they do not hand over the title to their home.
- Taking someone's child and giving threats to harm them more when they don't pay their ransom (Take note that these instances can also involve other accusations including wrongful imprisonment, aggravated mayhem, kidnapping, aggravated battery, and torture).
- Get someone arrested using a fake warrant if they fail to pay you the money they owe.
The Penalties for Extortion in California
Punishments for extortion vary according to the specific charges brought against the perpetrator.
Felony Extortion
In California, extortion is often prosecuted as a felony offense. Extortion is a felony that carries a fine of $10,000 and a maximum prison sentence of 2, 3, or 4 years.
Misdemeanor Extortion
Extortion could also be charged as a misdemeanor if the accused creates fake documentation to suggest it's a court order or is created to convince the alleged victim that it is real and that the offender intends to obtain property or a valuable item using that document. If found guilty, the offender faces a $10,000 fine and a maximum jail sentence of six months.
Attempted Extortion
When extortion is attempted but not carried out in its entirety, the perpetrator might be charged with attempted extortion. It could happen when the victim defied the coercion and did not comply.
It is possible to receive a felony or misdemeanor charge for an attempted extortion. If you are found guilty of committing a misdemeanor, you might face up to a year in jail and a monetary penalty of no less than $1,000.
The alternative sentencing for the offender is summary probation. For a felony attempted extortion, the potential sentences include felony probation, a maximum fine of $10,000, and 16 months, 2 years, or 3 years in jail.
Federal Extortion
Federal authorities can also file extortion charges. These accusations have a greater likelihood to be made when extortion or threats were made utilizing a method of interstate trade, for example using mail, email, phone, text message, or another wireless or wireless connection. Several types of extortion are also explicitly forbidden by federal law:
- Threats made against the head of state and his or her successors.
- Blackmail.
- Extortion by United States officials or personnel.
- Interstate communications.
- Bribes from public sector personnel.
- Sending threatening letters from a foreign country.
- Extortion and threats directed at foreign dignitaries, guests, or people under international protection.
- Sending threatening letters by mail.
- Obtaining extortionate proceeds.
- Threats made against former heads of state and other individuals.
Penalties for Attempted Extortion in California
In California, the majority of attempted crimes result in a punishment equal to half of the actual crime's term. Extortion attempts are an unusual exception, and in cases where they are unsuccessful, charges are brought under Penal Code Section 524.
This offense is a wobbler, which means it has two possible classifications: misdemeanor or felony. The maximum punishment for a misdemeanor charge is a year in prison and a fine of one thousand dollars. The maximum punishment for a felony offense is 3 years behind bars and a fine of ten thousand dollars.
The court may decide to increase your prison term by a further period of imprisonment if the following conditions are met:
- The plaintiff or victim was mentally ill or incapacitated.
- A gang benefited from the extortion.
- The victim or accuser was a senior citizen.
Under Penal Code section 622, also known as the "Three Strikes Law," a person could receive a strike when convicted of extortion to benefit a gang. If you've already been convicted of a felony, you risk spending at least 25 years in prison.
A conviction for extortion may result in felony probation rather than incarceration if you don't have an extensive criminal history. During your probationary period, you will be subject to some restrictions and regulations that the court will order you to obey, including:
- Regularly meet with your probation officer assigned by the court.
- Participate in community service.
- Provide the victim with restitution.
- Promise not to break any laws.
Throughout your probation, your probation officer chosen by the court will keep an eye on you to make sure you're following the rules. If you break any of the aforementioned rules, the officer could inform the judge, who will then determine whether to end, modify, or restore your probation under similar conditions.
When the court chooses to end the probationary period, you will spend the maximum amount of time granted under Penal Code 518 behind bars. As a result, if you have any questions about what you're supposed to do or not while on felony probation, it's crucial to ask your lawyer for clarification.
It is important to note that a charge of extortion by threatening letter, which is brought under section 523 of the Penal Code, is deemed complete regardless of whether the victim pays or conducts a service. That's because this crime makes it illegal to write a letter of intimidation for the sake of extortion.
Defenses Against Extortion Charges
If you've been charged with extortion, you have the right to dispute the charges, as with other crimes. To reduce the potential punishment you face, negotiating a plea deal is occasionally the most sensible course of action. In some situations, you might want to enter a not-guilty plea.
A knowledgeable lawyer can review the exact extortion statute you are suspected of breaking, the proof presented against you, along other pertinent data to figure out the best line of action for your case.
There are situations in which the person who is being charged with committing the offense is, in fact, the victim. For instance, a man going through a contentious divorce with his spouse could say that she was threatening to accuse him of domestic abuse if he refused to allow her custody of their children, yet in actuality, he lied so she could lose custody. It is common practice to use false accusations as a defense against extortion allegations.
If you've been charged with successfully blackmailing another person and they haven't paid up, you can use that as evidence that the extortion attempts were futile. Even if you are found guilty, the charges against you may be reduced from a felony to a misdemeanor if you can successfully use this argument.
This argument will not be effective if the threats were communicated to the victim via a letter since it is against the law to write and send threats, regardless of whether the recipient pays.
The lack of sufficient proof is another typical defense to criminal accusations. It could be challenging for the prosecutor to win the case when the only proof of your guilt is the statement of the individual you allegedly tried to blackmail. This is especially true if you do not have a previous record of other individuals making similar accusations against you.
Your blackmail defense lawyer can assist you in avoiding being victimized by police who could falsely claim that they possess more proof than they have to coerce you into confessing.
Having proof that no threats were made is another effective defense. According to PC Section 518, you will not be guilty if you just let someone know that you plan to tell others about their affair without requesting that they take any action to stop you.
To the same extent, threatening to sue someone who fails to pay your debt isn't considered extortion but rather the exercise of your rights under the law. In a similar vein, if you've got a friend who has a track record of breaking into residences, you are not committing a crime when you simply threaten to report them to the authorities if they breach the law again.
However, extortion happens if you threaten to call the authorities on someone you know if he or she does not steal anything for you the next time they break into someone's house.
Frequently Asked Questions On Extortion
People in general who are being held in prison by the law or who are the subject of an inquiry into an extortion allegation frequently have some questions to better understand their situation and what to anticipate as the case develops. The following are just a few of the often-asked questions about extortion:
Can I Be Deported After Being Convicted Of Extortion?
Extortion "counts" as a crime of moral turpitude, therefore a conviction could result in serious immigration repercussions, including deportation. Extortion is considered a crime of moral turpitude since it involves dishonest, vile, or depraved conduct that would startle a decent and moral person.
My Classmate Threatened to Bring Up My Shoplifting Incident To The Authorities If I Failed to Steal Something For Him. Could He Be Found Guilty Under Penal Code 518?
Even while your classmate should disclose any criminal conduct to the relevant officials, coercing you to do something illegal to get stuff could be considered extortion under Penal Code 518. You could still be prosecuted and found guilty of the claimed shoplifting crime under Penal Code 459.5 once he reports the matter to the authorities.
How to Respond If You Are Being Investigated for Alleged Extortion
What you do after learning that you are being investigated as a possible extortion perpetrator is crucial to the result of the matter. Following these guidelines will help you avoid more legal trouble:
Remain Silent
It is best to keep quiet during police interrogation, even when you know the claims against you are false. If a law enforcement official has the intention of obtaining potentially damning details about you, they may pretend to act nice toward you.
Therefore, it would be wise to keep quiet throughout the investigation until the officer specifically asks for your name and address.
Pay Attention to What the Police Officer Does to You
The way an officer treats you while conducting an inquiry could violate your legal rights. You should inform your lawyer if the police make an attempt or employ force to get you to provide information because such behavior is forbidden. The prosecutor can decide to dismiss the alleged accusations if the officer engaged in unlawful conduct while the case was being investigated.
Consult a Criminal Defense Attorney
among the most beneficial actions you can do if you are being investigated or arrested for extortion would be to retain legal counsel. Your defense lawyer will serve as your legal advisor and advocate within the complex and intricate procedure, which is unquestionably not meant to favor you.
Find a Skilled Extortion Attorney Near Me
If you are being accused of extortion, you shouldn't take chances with your legal counsel. Blackmail is a serious crime that entails jail time and other serious repercussions that may make it difficult for you to get employment in the future.
The attorneys at Leah Legal in Van Nuys recognize that this is likely an incredibly challenging moment for you and your loved ones. Our attorneys are well-versed in the process of law and are available to help you get a favorable outcome for your case. Call us today at 818-484-1100 to get started on your defense.