Extortion or blackmail is a felony offense in California
In the movies and on TV, extortion — or blackmail — is a somewhat common occurrence. A person may find out secret information about someone else, and then demand that the other person give them something to keep it secret. It may make for a compelling plot — but it is also a criminal offense.
In California, criminal extortion may be charged when a person uses force or threats to compel another person to give them money or property, or to get a public officer to perform an official act. As a white collar criminal defense attorney in Santa Ana, CA can explain, there are four elements of the crime of extortion:
- The defendant threatened to (a) unlawfully injure or use force against the victim, a third property, or their property, (b) accuse the victim or a relative of a crime, OR (c) threaten to expose a secret involving the victim or a family member;
- When making the threat or using force, the defendant intended to force the victim into consenting to give them money or property or to perform an official act;
- As a result of the threat, the victim did consent to give the defendant money, property, or do an official act; and
- The victim then did actually give the defendant money or property or performed an official act.
For example, a clerk at a local hotel recognizes a celebrity when he checks into a hotel with a woman who is not his wife. The clerk approaches the celebrity and threatens to tell everyone about his affair unless he gives him money. The celebrity agrees, and gives the clerk money. This conduct could be charged as extortion under California law.
Extortion is a felony offense. It is punishable by between 2 and 4 years in county jail, a fine of up to $10,000 and/or felony probation. This sentence may be increased if the victim of the extortion is an elderly person or a dependent person (i.e., a person with a disability that restricts their daily activities). In addition, extortion may count as a strike offense for purposes of California’s Three Strikes law if it is committed in connection with gang activity.
There are a number of potential defenses to extortion that a seasoned white collar criminal defense attorney in Santa Ana, CA may use. For example, if the victim consents to give the defendant money or property — and the threat or use of force isn’t the reason why — then that may be a defense. If there is insufficient evidence that extortion has taken place, your lawyer may use that to argue that the charge against you should be dismissed or reduced.
Extortion is one of many California criminal offenses that can lead to a lengthy prison sentence. If you have been charged with this crime or any other California crime, the Chambers Law Firm can help. We will aggressively advocate for your rights and freedom, and stand by your side throughout the process. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a consultation with a white collar criminal defense attorney in Santa Ana, CA.
