Extortion is a type of white collar crime that is charged as a serious felony offense under California law that involves obtaining money, property, or another benefit through the use of threats or fear. Although many people associate extortion with organized crime or large-scale schemes, these allegations can arise in a variety of situations, including disputes between acquaintances, coworkers, business partners, or family members.
Because an extortion conviction can carry significant criminal penalties and long-term consequences, it is important to understand what the law prohibits, what prosecutors must prove, and what legal defenses may be available.
What Is Extortion Under California Law?
California Penal Code § 518 defines extortion as obtaining property or another official act from someone through the wrongful use of force or fear. The law also applies when a person is compelled to sign or deliver a document that creates or transfers a legal right, such as a contract or deed.
Extortion is sometimes confused with aggressive negotiation or the demand for repayment of money that is legitimately owed. However, the offense generally requires the use of unlawful threats or intimidation to obtain something of value. The focus is not simply on what was requested but on the method used to obtain it.
What Are the Elements of Extortion?
To obtain a conviction, prosecutors must prove each element of the offense beyond a reasonable doubt, although the facts vary from case to case.
The state must generally establish that:
- The defendant used force or fear, or threatened to do so
- The threat was made to obtain money, property, an official act, or another thing of value
- The alleged victim consented because of the threat or fear
- The defendant intended to obtain the property or benefit through that threat
If the prosecution cannot prove every required element, an extortion conviction should not result.
What Types of Threats Can Lead to Extortion Charges?
California law recognizes several types of threats that may support an extortion charge. The threat does not always have to involve physical violence.
Examples may include threats to:
- Cause physical injury to another person
- Accuse someone of committing a crime
- Expose private, embarrassing, or damaging information
- Reveal a secret that could affect a person’s reputation, relationships, or business interests
- Take action that causes financial or professional harm
Whether a particular statement rises to the level of criminal extortion depends on the surrounding circumstances and the available evidence.
What Are the Penalties for Extortion in California?
Extortion is generally prosecuted as a felony in California.
A conviction may result in:
- State prison
- Significant fines
- Formal probation in some cases
- Restitution to the alleged victim
- A permanent felony conviction
Beyond the criminal penalties imposed by the court, a felony conviction may create additional challenges involving employment, professional licensing, housing, and background checks.
What Defenses Are Available to Extortion Charges?
The most effective defense depends on the facts of the case and the evidence available.
Common defenses may include:
- Lack of intent to commit extortion
- False allegations
- Insufficient evidence
- The alleged conduct did not involve the wrongful use of force or fear
- Violations of constitutional rights during the investigation
A criminal defense attorney can review witness statements, electronic communications, financial records, and other evidence to determine whether the prosecution can prove the charges beyond a reasonable doubt.
How Is Extortion Different From Blackmail?
The terms “extortion” and “blackmail” are often used interchangeably. In California, conduct commonly described as blackmail is generally prosecuted under the state’s extortion laws. For example, threatening to reveal embarrassing or damaging information unless someone pays money or provides another benefit may result in an extortion charge.
What Should You Do If You’re Accused of Extortion?
If you have been accused of extortion, the steps you take afterward can affect your case. Even if you believe the allegations are unfounded, it is important to avoid actions that could complicate the situation or create additional evidence.
If you are accused of extortion, you generally should:
- Not contact the alleged victim to discuss the allegations or attempt to resolve the matter on your own.
- Preserve text messages, emails, financial records, and other communications that may be relevant to the case.
- Avoid deleting or altering evidence, even if you believe it is unimportant.
- Not discuss the allegations on social media or with others who are not involved in your defense.
- Speak with a criminal defense attorney before answering questions from law enforcement.
Taking these steps can help you avoid additional legal issues while your attorney evaluates the allegations and the evidence.
Contact Ahmed & Sukaram Criminal Defense Attorneys for a Confidential Consultation With a San Jose Criminal Defense Attorney Today
An extortion allegation can have serious legal and personal consequences, but every case depends on its own facts and evidence. Reviewing the circumstances early may help identify weaknesses in the prosecution’s case and determine what defenses may be available.
If you have been accused of extortion or another white collar crime in California, contact Ahmed & Sukaram, Criminal Defense Attorneys, to schedule a confidential consultation at (408) 217-8818 with a San Jose criminal defense lawyer.