San Diego Criminal Defense Lawyer Explains Extortion Laws in California:

What is Extortion?

Extortion is using fear to force another person to give you what you want.[1] It is divided into three categories based on the method of influence:

1. Extortion by Threat or Force
2. Extortion by Threatening Letter
3. Extortion of Signature

All are Extortion charges. Extortion by Threat or Force may be the most common. Blackmail is a well-known form of Extortion.

What does the prosecutor have to prove to convict me of Extortion?

• Extortion by Threat or Force

The prosecutor will need to prove that:

1)   You threatened to injure or use force against another person, OR

2)   You threatened to accuse another person (or their family) of a crime, OR

3)   You threatened to reveal a secret of another person (or their family) that would connect them to a disgrace, crime or deformity, AND

4)   When making the threat or using the force you intended to get the person’s consent to do an act or obtain money, AND

5)   And as a result of the threat/force, the person gave consent for you to obtain the property or act in the manner you requested^[2]

A threat qualifies as extortion whether you threatened to personally harm a person or threatened that a third party would harm the person.

If you threaten to do something that you have the legal right to do, you should not be charged with Extortion.[3]

• Extortion by Threatening Letter

The prosecutor will have to prove that:

1)   You sent or delivered a threatening letter (or other writing) to a person, AND

2)   In the letter you threatened to unlawfully injure the person or their property, OR

3)   In the letter you threatened to accuse the person (or their family) of a crime, OR

4)   In the letter you threatened to expose a secret about the person (or their family) that, if exposed, would connect them with disgrace, a crime or a deformity, AND

5)   When sending or delivering the letter you intended to use fear to obtain the person’s consent to obtain money or property or for the person to do something you want them to do[4]

The threat in a letter can be stated directly or it can be implied. The letter does not need to be signed or written, dictated or composed by you to be considered evidence of extortion.[5]

• Extortion of Signature

The prosecutor will have to prove that:

1)   You threatened to injure or use force against another person or their property, OR

2)   You threatened to accuse the person (or their family) of a crime, AND

3)   When threatening you intended to use fear to get the other person’s signature on a document/check/etc., and that if voluntarily signed, would transfer property or create a debt/demand/charge/right of legal action, AND

4)   As a result of the threat, the other person signed the check/document/etc..

The prosecutor must prove that fear was the major reason the person signed the document/check. If they signed it for any other reason, such as idolization, ignorance or apathy, you are not guilty of extortion.[6]

How do I fight a charge of Extortion?

There are a number of different defense strategies that may be helpful to you as you fight to have your case dismissed. For example, you may focus on the issue of consent by showing that the complaining witness acted for a reason other than fear. Alternatively, you may try to show that there is insufficient evidence against you. You may focus on the fact that the complaining witness is a liar or unreliable or not credible. In other words, you may be able to show that you are being false accused.

To determine what your strategy will be, you must speak with a knowledgeable criminal defense lawyer. We have represented many clients in San Diego for many years. To get a better idea of what you can do to help us fight your case, read our free ebook “Fighting Your Criminal Case: A Serious Response to Serious Charges.”

What are the penalties for an Extortion conviction?

          Extortion is most often charged as a felony.  The sentence could include serving two to four years in a state prison and/or be fined up to $10,000.[7] However, if the victim of the crime is a dependent or senior the judge may increase the sentence or fines.[8]

If you are charged with attempted extortion, you could be charged either with a misdemeanor or felony and could be sentenced to serve up to one year in a county jail or three years in the state prison and/or a maximum fine of $10,000.[9]