Extortion in San Diego
In San Diego extortion is typically referred to as blackmail. It involves threatening another individual with force or fear in order to get what you want. You commit the offense of extortion when you threaten to do something to another person or their property that you have no legal right to do. The key to extortion is that the victim must consent to give up his or her property.
Understanding California Penal Code Section 518
In consideration of the seriousness of extortion, California has criminalized it under Penal Code section 518. Under this law, “Extortion is obtaining property from another, induced by a wrongful use of force or fear, or under color of official right." There are different forms of extortion that someone can commit. Depending on the facts of the case, a person can commit extortion by threat or force to compel another person to give up money, property, or perform an act.
Basically, to convict someone of PC 518, the prosecutor must prove each of the following elements:
- The defendant threatened to unlawfully injure, accuse, or expose another person;
- When making the threat or using force, the defendant intended to use fear to obtain compliance;
- As a result of the threat, the person consented to the defendant's demands.
Extortion is a Felony
Felony extortion is punishable by two, three, or four years in the state prison and a maximum fine of $10,000. Moreover, an attempted extortion conviction may be punished in almost the same manner as if the attempt had been successful. Attempted extortion carries a maximum county jail sentence of one year, a state prison sentence of 16 months, or two, or three years, and the same maximum $10,000 fine.
Related Offenses to Extortion
California Penal Code section 459 defines burglary as entering a structure with the intent to commit theft or any felony once inside. Burglary is related to extortion because it may be charged in connection with extortion. The two offenses are similar in that force or fear may be involved to complete the offense. For example, a person could enter a structure with the intent of blackmailing or extorting money from another person inside using force or fear. It is important to note that if the person is successful in obtaining the money, that person may be charged under both PC 518 and 459.
California Penal Code section 643.1 defines commercial bribery as an employee corruptly soliciting or accepting money from someone other than the employer with the employer's knowledge or consent, in exchange for the employee using their position for the benefit of that person. Bribery is related to extortion because the two offenses have similar elements. Bribery too consists of an illegal attempt to obtain money, property, or acts from someone else.
California Penal Code section 211 defines robbery as taking property from another person, against their will, by the use of force or fear. Robbery is related to extortion because the two offenses have similar elements. Robbery too consists of taking money from another using force or fear. The difference between the two offenses is that for extortion the victim must consent to give up the money. Whereas of robbery this is not a requirement, the victim does not consent to the taking of their property.
As you can see there are different variations of extortion cases but they all have one thing in common, they carry life changing penalties. Don’t leave your life at the hands of the prosecutor, if you find yourself looking at extortion charges, contact experienced extortion attorney Vik Monder immediately at (619) 405-0063. Attorney Vik Monder will tell you exactly what needs to be done every step of the way to prevent you from getting a serious punishment in your case. At Monder Law Group we attack the charges against you with the following defenses:
- False accusation, there was no coercion of the victim.
- The victim consented to hand over the money or property.
- There is insufficient evidence to support a conviction.
Extortion is a serious offense that can have lasting consequences in your life. When a prosecutor insists on bringing charges under extortion, you need an experienced criminal defense attorney on your side. Don't let the prosecution have the upper hand, call Attorney Vik Monder, remember that the best defense is a good offense! At Monder Law Group we have a team of experts and private investigators at your disposal. With their help we will be able to attack the credibility of the witnesses and hold the prosecution to their burden of beyond a reasonable doubt. Contact attorney Vik Monder at 619-405-0063 if you have any questions about Extortion in San Diego.