Penal Code 524 PC - Attempted Extortion in California
Extorting someone, or attempting to do so, is illegal. Extortion involves using a threat of force to compel someone to give up money or property. Therefore, even an unsuccessful attempt at extortion is a crime, as the act itself is illegal.
Under California Penal Code 524 PC, attempting to extort by threatening someone is a criminal offense. If the perpetrator succeeds, they may face charges under Penal Code 518 PC for extortion.
PC 524 states that anyone who tries to extort property or other considerations by threats specified under Penal Code 519 faces penalties of up to one year in county jail, or in the state prison, or a fine of up to $10,000, or both.
What Must Be Proven to Convict?
To convict someone of attempted extortion, prosecutors need to establish two key elements of the crime: that the accused person attempted to commit the act and that they used threats under Penal Code 519.
Merely intending to commit extortion is not enough to prosecute; there must be a direct action toward completing the crime.
Additionally, merely organizing the means to commit the offense does not suffice. It is also not necessary for the victim to genuinely fear that the threat could reasonably cause that result.
Examples of Attempted Extortion
Some examples of crimes under Penal Code 524 PC related to attempted extortion include:
- Threatening to expose someone who is cheating on their spouse unless they receive a specific amount of money.
- Threatening to harm a person's family if they do not pay a certain amount of money that remains unpaid.
- Threatening to disclose an embarrassing secret about someone unless they pay a specified amount of money, but the individual refuses to comply.
What are the Possible Penalties?
Attempted extortion is a wobbler offense that can be charged as either a misdemeanor or a felony. If prosecuted as a misdemeanor, a conviction may result in the following penalties:
- up to a year in county jail
- a fine of as much as $10,000.
If the attempted extortion is classified as a felony, then a conviction results in:
- up to three years in California state prison.
- a fine of up to $10,000.
The judge can choose to impose probation instead of jail time for either a misdemeanor or felony conviction. If eligible, a conviction for attempted extortion may be expunged.
What Are the Related Crimes?
Several California laws pertain to PC 524, attempted extortion under that statute, and are discussed below:
- Penal Code 518 PC forbids various forms of blackmail. If you threaten someone and force them to hand over money or property because of that threat, you may be charged with extortion.
- Penal Code 526 PC addresses extortion through false court orders. It makes it illegal to use a fake court order to threaten someone or pressure them into giving money or property in response to that threat. Even if no money or property is taken, making threats under this law can still lead to a conviction.
- Penal Code 664 PC addresses attempted crimes, which involve trying to commit a criminal act. If you attempt to commit a crime but do not succeed, you can still be criminally charged and face legal penalties.
Other types of theft-related crimes associated with attempted extortion include the following:
- Penal Code 422 PC - criminal threats
- Penal Code 487 PC - grand theft
- Penal Code 484(a) PC - petty theft
- Penal Code 496(a) PC - receiving stolen property
What Are the Best Legal Defenses?
If you are charged with attempted extortion, several common strategies our California criminal defense lawyers may use are discussed below.
We might consider the entrapment defense, which suggests you only tried to commit the crime because law enforcement persuaded you to do so. To succeed with this defense, you'll need to prove that the police induced you.
We could also argue that no threats were involved. Remember, under Penal Code 524, you can only be guilty of extortion if you used threats to coerce someone. Therefore, we can contest whether you actually threatened anyone.
We might argue that the allegations are false and demonstrate that the accuser's motives are driven by anger, jealousy, or revenge.
Alternatively, we can show the prosecutor that the evidence is insufficient to meet the burden of proof beyond a reasonable doubt.
Negotiating with the prosecution for reduced charges or case dismissal could be another option. Early negotiations with law enforcement and prosecutors before filing can sometimes convince them not to pursue formal criminal charges (e.g., the DA rejects).
The Hedding Law Firm is located in Los Angeles, California, and offers legal services throughout the state. Reach out for a free case evaluation by phone or via our contact form.
