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What Does Extortion Mean?
Extortion is a crime of theft. To commit this crime, a person uses stealth, or threats of violence and intimidation to acquire assets.
Unlike robbery, which can involve threats of violence or physical harm, the victim does not experience imminent physical danger. When an offender robs their victim, they're taking the property without the victim's consent. Usually, when an individual extorts a victim, they're threatening future harm. With extortion, a victim gives the offender their property, although unwillingly.
While physical violence or threats of harm to a victim or their loved ones is a form of extortion, an offender can commit this crime without them. The offender can threaten to expose a secret or other confidential information that would result in mental harm or harm to reputation. Additionally, the information does not have to involve or imply something illegal.
Blackmail is a common example of extortion. Blackmail involves the demand for payment or other benefits by threatening to reveal or publicize personal and usually incriminating information.
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"Protection" is another common version of extortion. This involves an offender offering the individual "protection" from potential future harm to themselves or their business in exchange for ongoing payments.
The crime of extortion does not have to be committed in person. Extortion can be accomplished through other means, including phone, text, and email.
Extortion is usually classified as a felony crime, with penalties including prison, probation, and fines.
Proving Extortion
For conviction of the crime of extortion, the prosecution must prove the defendant committed the crime.
While laws vary by state, proving extortion usually involves establishing the following:
- A theft occurred
- There was a threat made
- The defendant intended to deprive the victim of their property
The prosecution must prove the defendant did extract something from the victim by making threats. Additionally, most states' laws require an accused to have the mental intent to permanently deprive the victim of their property, whether it be money or another type of property.
Without proving these elements for extortion, the prosecution would likely be unsuccessful in securing a conviction.
Defenses for Extortion Exist
If you're facing charges of extortion, a defense could result in dropped charges, an acquittal, or reduced charges and penalties.
Some of the most common defenses against a charge of extortion include the following:
- Lack of intent
- Inadequate evidence
- Lack of threat
- Unreasonable belief in a threat
- No theft occurred
- Violation of constitutional rights
To achieve favorable results you not only need to raise an effective defense but also provide sufficient evidence and information to support your defense. While this can be a challenging task, an experienced attorney will provide valuable assistance.
Let an Unbundled Lawyer Help You with Extortion Charges
Extortion charges could result in life-altering consequences, affecting your future and that of your loved ones. Handling a criminal case can be daunting and confusing, but an unbundled lawyer can help you manage a better outcome.
Unbundled Legal Help makes legal guidance more accessible. Let an unbundled lawyer in your area help you today.
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