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Extortion is a criminal act involving the unlawful use of threats, coercion, or intimidation to obtain money, property, or services from an individual or entity. Unlike theft, where property is taken without consent, extortion involves obtaining something of value by instilling fear or forcing a victim’s compliance through the prospect of harm. This harm can be physical, financial, reputational, or even based on a threat of legal action.
Several forms of extortion are recognized under U.S. law.
Each of these types may carry specific legal penalties, with factors such as the method of threat, the nature of the harm, and the victim’s status influencing the severity of charges and punishment.
Entrapment, where the defendant was induced by law enforcement to commit bribery, may also be raised as a defense. Defending bribery charges effectively requires in-depth knowledge of intent and evidentiary standards, making a consult with experienced criminal defense lawyer Nate Crowley necessary.
Common defenses in bribery cases include lack of intent, where a defendant argues they did not knowingly offer or accept a bribe. Additionally, defendants may argue that no quid pro quo (exchange of favors) was established, or they may challenge the credibility of witnesses involved.
In California, extortion—also known as “blackmail”—is governed by Penal Code § 518 PC and involves obtaining money, property, or services through force or threats. The law recognizes both explicit threats of physical harm and non-physical threats, such as exposing secrets, damaging reputations, or causing financial loss. California distinguishes between general extortion and extortion “under color of official right,” where a public official abuses their position to coerce benefits unlawfully.
Extortion in California is considered a felony, punishable by two to four years in state prison and substantial fines. If extortion occurs during another felony, like carjacking or kidnapping, penalties can be even more severe.
Defenses against extortion charges in California include demonstrating lack of intent to threaten, insufficient evidence, or mistaken identity. Because the law emphasizes intent and the context of the alleged threat, the skilled legal representation of California criminal defense lawyer Nate Crowley is crucial for individuals facing extortion charges in California.
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