Los Angeles Extortion Defense Attorney

LA Criminal Lawyer Explains CA Extortion Laws

LA Criminal Lawyer

Extortion (also sometimes referred to as: blackmail, shakedown, exaction) is the crime of obtaining another person's property by use of threats or coercion.  The chief distinction between extortion and robbery (PC 211) is that robbery refers to the immediate use of force or fear to take the property of another.  Additionally, extortion is broader and can include threats that are not violent, such as threats to report a crime, disclose sensitive information, etc.  Therefore extortion can cover a broad range of conduct, from blackmail to racketeering. 

WHAT IS EXTORTION IN CALIFORNIA?
California Penal Code 518 is a felony in California and prohibits extortion.  Extortion is defined as: "...the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right."

The use of fear is wrongful and unlawful when a threat is made to do any of the following:
1. To do an unlawful injury to the person or property of the individual threatened or of a third person.
2. To accuse the individual threatened, or a relative of his or her, or a member of his or her family, of a crime.
3. To expose, or to impute to him, her, or them a deformity, disgrace, or crime.
4. To expose a secret affecting him, her, or them.
5. To report his, her, or their immigration status or suspected immigration status
(See PC 519)

Extortion by a threatening letter is covered by PC 523.  Extorting a person's signature (i.e. using threats or force to get someone to sign their name to a check or document) is covered by PC 522.

PENALTIES FOR AN EXTORTION CONVICTION
The penalties for extortion are severe.  Extortion is punishable by 2, 3 or 4 years of incarceration.  It is possible to get felony probation, instead, which can include up to one year in county jail.  Probation may be as long as five years.  Additionally, a conviction for extortion will have severe consequences for employment/professional licensing, immigration status, and more.  Extortion of an elderly or otherwise vulnerable victim and extortion for the benefit of a criminal street gang will have special penalties you should discuss with your attorney.

DEFENSES TO EXTORTION
Defenses to extortion include false accusations, mistaken identity (particularly in cases where the threats are made anonymously via letter or electronically), lack of evidence (only the accuser's statements), and more.  One thing that all criminal cases have in common is that each case is different and will require a full evaluation by an experienced criminal defense attorney in order to identify the most effective defenses and devise the best defense strategy.

ATTEMPTED EXTORTION
Extortion is one of the few offenses that offers a specified penalty for the attempt crime.  Pursuant to PC 524, attempted extortion is a "wobbler" (can be filed as a misdemeanor or felony) and is punishable by up to three years in jail.

MISDEMEANOR EXTORTION
Though the crime of extortion is generally a felony, there are a number of circumstances under which extortion will be deemed a misdemeanor.  Misdemeanor extortion applies to the use of a document that purports to be a court document in an attempt to take another person's property.

If you or a loved one has been arrested or charged with a crime, including: extortion, robbery, carjacking, bribery and more, you need a passionate, aggressive and experienced criminal defense attorney on your side.  The police and prosecution will be aggressive in their pursuit of a conviction, and you deserve a professional on your side.  Contact us now for a Free Consultation with a Los Angeles Criminal Defense Attorney.

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Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
NL@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

Useful LA Criminal Defense Resources:
LA Inmate Locator 
LA Superior Court  
Los Angeles Police Department
LA County Law Library
LA Felony Bail Schedule
LA Misdemeanor Bail Schedule