What is the Penalty for Extortion?

Facing extortion charges in California can be a frustrating and life-altering experience. The legal system can be complex and unforgiving, with serious consequences for those accused of this white-collar crime.

If you or someone you know has been charged with extortion, it is essential to secure skilled legal representation. In this article, we will delve into the penalties associated with extortion in California.

The California Legal Definition of Extortion

In California, extortion is defined under Section 518 of the California Penal Code. California Penal Code 518 defines extortion as obtaining property from someone else while using force or fear.

Extortion can also apply to situations where a public officer is coerced into performing an official act through force or fear. Extortion is a serious criminal offense in California, and those charged with it should seek legal counsel to understand their rights and options.

Different Forms of Extortion

Extortion can take various forms, and California law covers a range of situations where individuals use wrongful means to obtain property, money, services, or other benefits from others. Here are some different forms of extortion:

• Tangible property extortion — This is the most common form of extortion, where a person uses threats, force, or fear to obtain physical property, money, or valuables from another person. For example, demanding money in exchange for not harming someone or their property.
• Blackmail — Blackmail involves threatening to reveal embarrassing, disgraceful, or damaging information about someone unless they comply with the demands. It often includes threats to expose personal secrets, compromising photos, or sensitive information.
• Labor union extortion — In some cases, labor union officials may use coercion or threats to force businesses or individuals to comply with their demands, such as hiring union workers or paying union fees.
• Official extortion — This form involves public or law enforcement officers abusing their positions to obtain money, services, or benefits by threatening adverse official actions. For example, a police officer demanding a bribe to avoid issuing a traffic ticket.
• Online extortion — Extortion has expanded to the digital realm with cybercriminals using tactics like ransomware attacks, where they encrypt a victim's data and demand a ransom in exchange for the decryption key.
• Protection extortion — Criminal organizations or gangs sometimes offer "protection" to individuals or businesses from harm, but they are, in fact, extorting money by threatening violence if protection payments are not made.
• Business extortion — In business, competitors or individuals may use extortion to gain a competitive advantage. This could involve threatening to expose trade secrets or damaging a company's reputation unless certain demands are met.
• Family extortion — This form may involve family members threatening each other with harm or the release of private information to obtain money or compliance with certain actions.

What Elements Must the Prosecutor Prove?

In California, for a defendant to be convicted of extortion, the prosecutor must prove the following elements beyond a reasonable doubt:

• Obtaining property or something of value — The prosecutor must establish that the defendant obtained or tried to obtain money, property, services, or something else of value from the victim. This can include tangible assets, services, or even intangible benefits.
• Wrongful use of force, fear, or official right — The prosecutor must show that the defendant used wrongful means to obtain the property or something of value. Wrongful means can include threats, force, fear, or abuse of an official right. These wrongful means must have been used to induce the victim to comply with the defendant's demands.
• Specific intent — The defendant must have had the specific intent to obtain the property or something of value from the victim by using wrongful means. In other words, it must be proven that the defendant intended to commit extortion.
• Knowledge of wrongfulness — The prosecutor should demonstrate that the defendant knew their actions were wrongful. This means the defendant was aware that using threats, force, or fear to obtain property or something of value was against the law.
• Corroboration of the victim's testimony — In cases where the conviction relies solely on the victim's testimony, there must be some form of corroboration, which can be evidence or facts supporting the victim's claims.

Extortion cases can be complex, and the specific circumstances surrounding each case may vary. The prosecutor must prove each of these elements beyond a reasonable doubt for a conviction to occur.

Suppose you are facing extortion charges in California. In that case, consulting with an experienced criminal defense attorney who can assess your case, build a strong defense strategy, and protect your rights is essential.

The Penalties for Extortion

The penalties for extortion in California can vary depending on several factors, including the specific circumstances of the crime and the defendant's criminal history. Extortion is typically charged as a felony in California.

Its potential penalties include the following:

• Imprisonment — A person convicted of extortion may face a significant prison sentence. The length of imprisonment can vary but may range from two to four years or more, depending on the severity of the crime.
• Fines — Besides imprisonment, the court may impose fines as part of the penalty. These fines can be substantial, potentially amounting to $10,000.
• Probation — In some cases, instead of or in addition to imprisonment, the court may grant probation. While on probation, the defendant must adhere to certain conditions, such as attending counseling, maintaining employment, or avoiding contact with the victim.
• Criminal record — A conviction for extortion will result in a permanent criminal record, which can have long-lasting consequences on a person's life, including difficulties in obtaining employment, housing, or professional licenses.
• Enhancements — Depending on the circumstances, there may be enhancements to the penalties. For example, if a deadly weapon was used during the commission of extortion, it could lead to additional prison time.

Note that the penalties for extortion can vary, and a skilled criminal defense attorney can be instrumental in defending against extortion charges, negotiating for reduced penalties, or seeking alternative sentencing options. If you or someone you know is facing extortion charges in California, it is crucial to consult with an attorney who can provide legal guidance and representation tailored to the specific circumstances of the case.

Can Extortion Lead to Deportation for Non-citizens?

Extortion charges can potentially lead to deportation for non-citizens in the United States. This is because extortion may be considered a "crime of moral turpitude" under immigration law. Convictions for crimes of moral turpitude can lead to deportation for non-citizens, especially if they have committed multiple such crimes.

In some cases, non-citizens facing deportation due to an extortion conviction may be eligible for relief, such as cancellation of removal, if they meet certain criteria. However, eligibility for relief depends on various factors, including the nature of the conviction and the individual's immigration history.

It is crucial for non-citizens facing extortion charges to consult with an experienced criminal defense attorney knowledgeable about criminal law and immigration consequences. A well-crafted defense strategy may help minimize the impact on immigration status.

Is It Possible to Expunge a Conviction for Extortion?

In California, it is generally not possible to have an extortion conviction expunged. Expungement is a legal process that allows a person to petition the court to dismiss and set aside their conviction. As a result, the conviction will not show up in their criminal record.

Remember, one of the punishments for extortion is a prison term of up to four years. California law does not allow expungement for crimes that impose prison terms as punishment.

Can an Extortion Conviction Make You Lose Your Gun Rights?

Yes, a conviction for extortion in California can result in the loss of your gun rights. California law imposes restrictions on firearm ownership and possession for individuals with certain criminal convictions.

You will generally lose your right to possess firearms if convicted of extortion. California law prohibits firearm ownership and possession by individuals convicted of extortion.

In certain situations, it may be possible to have your firearm rights restored after a felony conviction. This typically involves a legal process and demonstrating that you are no longer a threat to public safety. The process of restoring your rights can be complex and may require legal assistance.

Civil Lawsuits for Extortion

Victims of extortion can file a civil lawsuit for compensation. This is a separate legal action from any criminal charges that may be pursued by law enforcement.

Therefore, as a defendant facing criminal charges for extortion, you may also find yourself facing a civil lawsuit. To succeed in a civil extortion lawsuit, the victim typically needs to demonstrate the following elements:

• The defendant made a threat or used wrongful means to induce the victim to give up property, money, or some other benefit.
• The victim complied with the defendant's demands due to the fear or duress caused by the threat or wrongful means.
• The victim suffered harm or loss as a result of complying with the demands.

In a civil extortion lawsuit, the victim may seek damages, including compensation for financial losses, emotional distress, and other harm suffered due to the extortion. Defendants in civil extortion lawsuits may raise various defenses, such as disputing the allegations, claiming that their actions did not meet the legal definition of extortion, or asserting other legal defenses.

In civil lawsuits, including those related to extortion, the standard of proof is typically based on a "balance of probabilities." This standard is also referred to as the "preponderance of the evidence" standard. It means that the party making a claim or seeking relief in a civil case must demonstrate that their version of the facts is more likely to be true than not. In practical terms, this standard means that if the evidence presented in a civil case shows that it is more likely than not that the plaintiff's claims are true or that the defendant is liable for the alleged wrongdoing, then the court may rule in favor of the plaintiff.

This standard of proof is lower than the "beyond a reasonable doubt" standard used in criminal cases. In criminal cases, the prosecution must prove the defendant's guilt beyond a reasonable doubt, which is a higher and more stringent standard. Therefore, your extortion criminal charges can be dismissed but still be found liable in a civil lawsuit.

Legal Defenses to Extortion

If you are facing extortion charges, there are several legal defenses that may be applicable to your case. The specific defenses you can use will depend on the circumstances of your situation and the evidence against you.

Here are some common legal defenses to extortion:

• Lack of intent — You can argue that you did not have the specific intent to commit extortion. Extortion requires the intent to obtain something of value through wrongful means. It may be a viable defense if you can show that you did not possess this intent.
• Consent — If the alleged victim willingly and voluntarily gave you property, money, or something of value without any coercion or threats, you can argue that there was no extortion. Extortion involves obtaining property or benefits against the victim's will.
• Duress — If you were forced or threatened by someone else to commit the extortion, you may have a defense of duress. This defense typically requires proving that you were in imminent fear for your safety or the safety of someone close to you.
• No wrongful means — Extortion must involve wrongful means, such as threats, force, fear, or abuse of official rights. It could be a valid defense if you can demonstrate that you did not use wrongful means to obtain property or benefits.
• False accusation — You can argue that you have been falsely accused of extortion and that the evidence against you is insufficient to prove your guilt beyond a reasonable doubt.
• Entrapment — If you were induced to commit extortion by law enforcement or an undercover officer in a way you would not have otherwise done, you may have a defense of entrapment.
• Mistaken identity — If there is confusion about your identity as the person who committed the extortion, you can present evidence to establish that you are not the responsible party.
• Lack of corroboration — In cases where the prosecution relies primarily on the victim's testimony, a lack of corroborating evidence can weaken their case, and you can argue that there is insufficient proof.
• Constitutional violations — If law enforcement violated your constitutional rights during the investigation or arrest, you may have grounds for a defense based on Fourth Amendment violations, due process violations, or other constitutional issues.

It is crucial to consult with an experienced criminal defense attorney to evaluate your case, determine the most appropriate defenses, and develop a strategy tailored to your situation. Keep in mind that the viability of these defenses will depend on the specific facts and evidence in your case.

Related Criminal Offenses to Extortion

The following California criminal offenses are related to extortion:

• Robbery — Robbery is a crime that involves using force or fear to take property directly from another person. While extortion typically involves obtaining property through indirect threats or coercion, robbery involves a direct confrontation. The punishment for robbery is a state prison sentence of up to nine years.
• Bribery — Bribery involves offering, giving, or receiving something of value to influence the actions of a public official or another person in a position of trust. It can be related to extortion if the influence is exerted through wrongful means. The penalty for bribery is a state prison sentence of up to four years.
• Criminal threats — Criminal threats involve making threats with the intent to place someone in fear of death or great bodily injury. While not identical to extortion, it includes elements of threats and fear. This offense is punishable by a prison term of up to three years.
• Kidnapping — Kidnapping involves forcibly moving another person against their will. In some cases, extortion may involve threats of harm or violence that are tied to kidnapping. Depending on the circumstances, kidnapping is punishable by a state prison term ranging from three years to life.
• False imprisonment — False imprisonment involves intentionally restraining another person's freedom of movement without their consent. Extortion may involve false imprisonment as a means of coercion. The punishment for this offense is an imprisonment term of up to three years.

Note that while these offenses share some similarities with extortion, they each have distinct elements and legal definitions. The specific charges brought in a case will depend on the facts and circumstances of the alleged criminal activity.

Suppose you are facing charges related to any of these offenses or have concerns about your legal situation. In that case, it is advisable to consult with a criminal defense attorney who can provide guidance based on the specifics of your case.

Find a Los Angeles Criminal Defense Lawyer Near Me

The road ahead may seem uncertain and challenging in the face of extortion charges. But remember, you have rights, and you have options. At The LA Criminal Defense Law Firm, we are committed to helping individuals like you navigate the complex legal landscape surrounding extortion charges.

Being charged with a crime does not equate to guilt. Our legal system affords you the right to a robust defense, and our team of dedicated criminal defense attorneys is here to ensure this right is protected. Let us be your trusted advocates, working tirelessly to protect your rights and secure the best possible outcome for your case. Call us at 310-935-1675 for a free consultation.