Will I Go to Jail If Charged with Extortion in California?
The felony white-collar crime of extortion, also known as “blackmail,” is described under California Penal Code 518 PC as when someone uses force or threats to compel another person to give them their money or property or compel a public officer to perform an official act.
If you are convicted of PC 518 extortion, you can be punished by up to four years in state prison and a fine of up to $10,000.
The crime of extortion between two people occurs more often than you might think since the advancements in internet technology allow people to easily access private information that could damage the reputation of another person.
An example of extortion includes a situation where a person makes threats to expose the extramarital affair of a high-ranking company executive unless they are paid $25,000.
Another example is when a government official is threatened with force unless they perform a specific act. Even further, threatening to report to police someone committing a crime unless they are paid a certain amount of money is also considered extortion.
Our Los Angeles criminal defense attorneys provide an overview below for more detailed information.
Definition and Related Crimes for PC 518 Extortion
Penal Code 518 PC defines extortion as follows:
- “Extortion is the act of obtaining property or other considerations from somebody, with their consent, or obtaining an official act of a public officer that was induced by an unlawful use of force or fear, or under color of official right.”
PC 518 has a broad extortion definition that could involve many different types of activity. This means it could be possible for someone to commit the crime of extortion without having the actual intent to violate the statute.
In the state of California, some other statutes are related to Penal Code 518 extortion, such as:
- Penal Code 522 PC – extortion by signature,
- Penal Code 524 PC – attempted extortion,
- Penal Code 532 PC – extortion by threatening letter.
Other related crimes include Penal Code 67, PC bribery, and Penal Code 422 criminal threats. It should be noted that you could be arrested, charged, and convicted of PC extortion if you never actually used force against the victim.
In other words, just making the threats against someone is sufficient to get convicted, but it has to be proven your threats were the main reason the victim consented.
The elements of the crime of extortion, which are the factors a prosecutor must prove for a conviction, are listed under CALCRIM 1830 California Criminal Jury Instructions.
Different Schemes Involving Extortion
Extortion is a serious crime, and I would say most of the time, prosecutors, judges, and the police want to send an offender who commits an extortion crime to prison.
That's the worst thing they can do to them, and they know that people who are extorting or blackmailing people out of money, goods, or services are the type of people who deserve to go to prison because they're using sophistication and the threat of violence, force or fear to get what they want.
Sometimes, they use weapons. There are all sorts of different schemes that involve extortion. I've seen the internet used where somebody is blackmailing another person, threatening to release sensitive information about them if they don't pay them money or give them some goods or favors.
The authorities don't like these types of crimes. Sometimes, business owners are threatened by individuals who are trying to gain money, goods, or services from them through an extortion plot.
Getting Extortion Charges Reduced to a Lesser Crime
So, if you or a loved one is charged with extortion, your work is cut out for you. Your attorney's work is cut out for them.
If you want to avoid going to jail or prison, it will take a herculean effort to make that happen. First, we have to get you out of the category of extortion:
- sometimes these crimes are over-charged;
- sometimes, they're glorified theft-type plots that don't deserve to have the title of extortion.
Who wants an extortion conviction on their record that follows them around forever? It's a straight felony, never charged as a misdemeanor, and it's very difficult to get off your record.
Getting a job is difficult if you have an extortion-related offense tagged on you.
Mitigation Package in Extortion Cases
But the first and most important thing we have to look at is whether they can prove the case against you.
If they can prove the case, now we're in mitigation mode, meaning:
- we have to get character letters,
- we have to figure out if people lost money and
- how to get their money back to them.
We must take every precaution possible to eliminate prison time and devise some other form of punishment.
If, on the other hand, you're not guilty of the crime, then we're down a different track. Now, we're investigating.
We're figuring out what evidence they're claiming supports the argument that you committed extortion in California. We're going to try to refute that evidence and show that you're not guilty.
In most cases, though, that are filed as extortion-type cases, the government has the evidence. If they didn't have the evidence if their case was weak, many defense attorneys would be able to show the prosecutors they were going to lose, and they would just get rid of the case.
Seeking Different or Lesser Charges than Extortion
So, if they've charged the case and have the evidence, then we need to pursue a path that attempts to keep you out of prison, first and foremost.
Once we have that, we can figure out angles to get a charge other than extortion, if possible, and if the authorities will consider that.
Finally, we have to consider the type of punishment you will receive. If you're not going to prison or jail, what will your punishment be, and how will it affect you moving forward?
As a defense attorney and warrior, I first look to win the case. If I can't win the case because of the circumstances, I'm looking at how to mitigate the case. I'm looking at how to:
- protect my client's future,
- their rights, their freedom,
- their reputation so that we can achieve the best possible result.
So, if you or a loved one is charged with extortion, a very serious crime, you're looking to see if they've got a legitimate case against you and what you can do about it.
You've come to the right place. Pick up the phone. Ask for a meeting with Ron Hedding. I handle these types of cases all the time. I get great results for my clients because I work hard. I figure out what must be done right from the beginning and execute the plan to get it done.
