Criminal Defense Lawyers

extortion

Understanding Extortion: A Complex and Serious Crime

Extortion is a complex crime that involves illegally obtaining money, property, or services from someone through coercion or intimidation. Though the legal definition varies by state, extortion typically involves threatening to harm someone or their reputation unless they pay up.

The Basics of Extortion

Extortion is considered a felony offense in most states, carrying severe penalties like multi-year prison sentences and steep fines. Even threatening extortion is illegal.Some key things to know about extortion:

• It involves illegally obtaining money, property, or services through threats or intimidation
• The threats may be against a person or their family, business, or reputation
• Extortion is a felony in most states, though some differentiate between extortion and blackmail
• Extortion is related to crimes like bribery, robbery, and blackmail but has some distinct legal differences

Some examples of extortion include:

• Threatening to physically harm someone if they don’t pay you
• Threatening to reveal damaging information about a business unless they pay
• Forcefully demanding “protection” money from a business
• Demanding hush money to not reveal someone’s secret

Extortion vs. Blackmail

Extortion and blackmail are sometimes used interchangeably, but they are legally distinct crimes. The key difference lies in what the perpetrator threatens to do:

• Extortion involves threats of physical harm, reputational damage, or other unlawful acts.
• Blackmail involves threats to expose embarrassing, damaging, or secret information.

So blackmail can be a form of extortion, but extortion also covers broader threats beyond just revealing secrets. Both are felonies.

Extortion Penalties

Because extortion is such a serious crime, the penalties are severe. Exact statutes and sentencing vary widely by state:

• In California, extortion is punishable by up to 4 years in state prison.
• Florida sets extortion penalties at up to 30 years imprisonment.
• New York’s extortion laws dictate 4 to 25 years in prison.
• Federal charges can lead to up to 20 years imprisonment.

Fines up to $250,000 also apply in many states. Given the steep penalties, retaining legal defense is critical if facing extortion charges.

When Extortion Crosses State Lines

Extortion becomes a federal crime if it crosses state lines under the Hobbs Act. For example:

• A perpetrator makes threatening calls from New Jersey to a business in New York
• A company receives extortion emails sent from another state
• Money paid due to extortion threats gets wired across state lines

Federal extortion charges typically lead to longer sentences than state charges alone.

Extortion vs. Robbery

Though related, extortion and robbery have some key legal distinctions:

• Robbery involves taking property by force or threat of force. Extortion may rely on threats but does not always involve direct force.
• Extortion does not require physically taking property—only obtaining it through threats.
• Extortion threats may be prolonged to extract multiple payments over time.

However, schemes that involve elements of both extortion and robbery can lead to multiple charges.

When Threats Become Extortion

The legal difference between making threats and committing extortion lies in expressing demands for money/property. For example:

• Threatening general violence against someone is often considered assault.
• But threatening violence unless paid money constitutes extortion.

Vague threats of future harm become extortion once tied to a demand for money, property transfer, or services. Even if money is never paid, the extortion threat itself is illegal.

Extortion Under the Color of Official Right

A unique form of extortion occurs when public officials abuse their power to obtain money or privileges illegally. This is called extortion “under the color of official right” in legal statutes.Examples include public officials:

• Demanding bribes or kickbacks in exchange for governmental action
• Requiring payments in exchange for contracts or licenses

This constitutes extortion because their governmental authority enables them to make threats others cannot. Such public corruption warrants federal extortion charges.

Extortion Defense Strategies

Given the complexity of extortion laws, building an effective legal defense requires experience fighting these cases. Typical strategies include:

• Duress defense – Arguing you only made threats due to immediate danger against you or your family. This can counter intent claims.
• Entrapment – Claiming law enforcement induced you to commit extortion you wouldn’t have otherwise.
• Lack of evidence – If the prosecution has limited records of threats, you can undermine their ability to prove intent and willful acts beyond a reasonable doubt. This is especially relevant for cases lacking audio/video evidence.

Skilled criminal defense attorneys know how to craft a defense tailored to the nuances of state and federal extortion laws. Having expert representation is vital.

What to Do If You Are a Victim

If you are targeted by extortion schemes, experts recommend these steps:

• Report threats immediately – Alert local police and the FBI so they can open an investigation and start gathering evidence. The sooner they can get involved, the more effectively they can respond.
• Don’t communicate further – Direct all communication to your legal team only. Further engagement could worsen the situation.
• Don’t pay – Paying extortion demands could undermine criminal prosecution. Let law enforcement provide guidance.
• Consult an attorney – They can advise you on options for civil and criminal action against perpetrators. Extortion victims may also sue for damages.

Facing extortion can be scary and overwhelming. But seeking legal counsel promptly is critical, whether you are a victim or being accused

Final Thoughts

Extortion should never be taken lightly or handled without experienced legal guidance. The criminal penalties can be severe, and victims often have additional civil legal options against perpetrators. By understanding the key legal nuances of extortion, both potential victims and defendants can better navigate their options. No matter which side you’re on, consulting an attorney early is crucial.

Resources

Overview of federal extortion laws from the DOJWhen threats become illegal extortion (video)Case study: The Hobbs Act and prosecuting public corruption