Extortion & Blackmail Charges in California - PC 518 and 519
As you might guess, extortion is a severe crime, and I typically see the extortion charge used as extortion by threat or force, commonly known as blackmail. This is California Penal Code Section 518 and 519. The jury instruction that corresponds with this extortion charge in CALCRIM 1830.
Understanding the legal process is crucial when evaluating a case. It's a complex system, and by examining the evidence and discussing it, you can gain a clear understanding of the crime's elements, which will help you navigate the legal proceedings.
In other words, you want to know what the government or the prosecutors must prove to convict a person of an extortion charge. This is the jury instruction used in any trial, and it says the defendant is charged in Count ___ (they put whatever Count it is) with extortion by threat or force in violation of Penal Code Section 518.
To prove the defendant is guilty, the People must prove that ___ (then they list the elements).
When talking about the People, they're talking about the prosecutors because the prosecutors in an extortion case represent the People of the State of California, and they can use several different theories. So, there are three elements, but for the first element, there are three different ways to prove it.
Threats of Use of Force in Extortion
It says the defendant threatened to unlawfully injure or use force against another person or a third party or the property of another person or a third party. That's number one. Then, they give an alternate one because many things can happen in these extortion cases.
The defendant threatened to accuse another person, or that person's relative or family member, of a crime. The last element, or the last example of the first element, is that the defendant threatened to expose a secret about another person or that person's relative or family member or to expose or connect him or her or any of them with disgrace, a crime, or deformity.
So, they're just trying to cover in that first element all of the different angles that somebody can extort another person because there are many other ways people can do that.
The second element is just by itself. It says that when making a threat or using force, the defendant intended to use that fear or force to obtain the other person's consent to give the defendant money or property or to do an official act.
So, now you're starting to talk about bribery, getting the person to do something you want him to do or to give you money, property, or goods. Finally, number three, as a result of the threat or use of force, the other person consented to give the defendant money or property or to do an official act. So, the person has to agree to it, which would consummate the extortion.
Coerced Consent in Extortion
Now, there is a number four, which says that due to a threat or use of force, the other person gave the defendant money or property or did an official act. So, it has to do with. First, the person consenting to do it and then them doing it, and it talks about the term consent having a special meaning.
Consent for extortion can be coerced or unwilling if given due to the wrongful use of force or fear. So, suppose you've got an extortion case based on what's listed in that definition and those elements.
It's a little bit complicated, but rest assured, the government, judges, prosecutors, and law enforcement are thorough in their efforts to protect against extortion. They're not going to let people gain an advantage over others by way of threat, force, intimidation, or coercion.
Rest assured, the seriousness of extortion cases is preserved on law enforcement, prosecutors, and judges. If you find yourself charged with extortion in Los Angeles, know that I have extensive experience in handling such cases. I understand what it takes to win, defend, and negotiate in these situations.
I know what it takes to defend them and what it takes to negotiate with them if that's necessary.
Don't delay. Make the call, and we'll start working on your case immediately to safeguard your rights, freedom, reputation, and liberty.
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