What Are the Different Types of Extortion?

California law creates various types of extortion. A conviction is always a felony, but the specific crime you are charged with will differ based on how you extort and what was obtained. Because extortion is a serious crime, if you are convicted of any type of extortion, you face years in a state prison.

Extortion Requires a Threat

To convict you of the crime of extortion, a California prosecutor must prove the following elements:

• You threatened another individual;
• Your threat came with the intent to cause the other individual to consent to do something for you;
• The other individual did end up consenting to act due to the threat; and,
• The other individual took some action.

The action an individual takes because of your threat is essential. For you to commit extortion, the other person must:

• Give you money;
• Give you property; or,
• Take some official act.

For one reason or another, the action had value for you. Because extortion is a specific intent crime, the prosecutor must show that the other individual’s action was why you threatened them in the first place. In other words, that you extorted them so that they would give you the money or property.

Ways You Can Threaten to Extort Someone

There are three main types of extortion, based on the method of threat used. For criminal extortion to be committed in California, you must have threatened to:

• Injure someone, their property, or a third person;
• Accuse someone or their family member of a crime; or,
• Expose a secret about someone or a family member or link them to some sort of crime or scandal.

All the above threats can form the basis for the other person to consent to do what you want. For example, while threatening to beat someone up can be the basis of extortion, so can threatening to expose your manager’s affair to her spouse.

Other Specific Types of Extortion

California has three specific crimes of extortion beyond the general offense. In these particular instances, you would still face felony charges and punishments.

The first instance is the extortion of a signature. This type of crime explicitly defines what action you intended to extort from the other person, namely their signature. For example, if you threaten someone in order to coerce them into signing a new will leaving substantial assets to you.

The second specific type of extortion in California is through a threatening letter. While extortion by signature is classified based on the type of action you wanted the other person to take, this crime is defined by the method of threat used to extort someone else. So, if you send a person a letter that contains a threat and a request for some action, like wiring a sum of money, you commit extortion by threatening letter.

Finally, you can also commit extortion by fake court order. This crime is exactly what it sounds like: forging or otherwise falsifying a court order to secure something valuable from another person.

All extortion crimes are felonies. The maximum punishment for extortion in California includes:

• Up to four years in state prison; and,
• A $10,000 fine.

A judge can also issue you probation instead of sending you to jail for your entire sentence.

If you have been accused of extortion in Newport Beach, California, contact Chambers Law Firm today. Our experienced criminal defense attorneys can help fight any charges. Just call 714-760-4088 or email dchambers@clfca.com for a fee-free initial consultation.