Extortion

Extortion often conflated with blackmail, is a serious felony in California, carrying significant legal and personal consequences. In Los Angeles, with its diverse population and complex economic landscape, extortion cases can arise in various contexts, from business disputes to personal conflicts. The heightened scrutiny of white-collar crimes and the increasing sophistication of digital communication have led to a surge in both state and federal extortion investigations. If you've been accused of extortion, understanding the law and securing experienced legal counsel from a skilled white-collar attorney is paramount.

At Kraut Criminal & DUI Lawyers, we recognize the gravity of extortion charges. Attorney Michael Kraut, a former prosecutor with the Los Angeles District Attorney's Major Frauds Division, brings a unique perspective to these cases. His deep understanding of prosecutorial strategies and established relationships within the legal community provide invaluable advantages to our clients. We are committed to safeguarding your rights and building a robust defense tailored to your specific situation.

California Penal Code Section 518 defines extortion as "the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced1 by wrongful use of force or fear, or under color of official right."2 This definition encompasses a broad range of actions, extending beyond traditional notions of blackmail.

• Wrongful Use of Force or Fear: This involves the use of threats, intimidation, or coercion to compel another person to act against their will. The fear induced must be reasonable and credible. This can include: 
  • Threats of physical harm to the victim or their loved ones.
  • Threats to expose embarrassing or damaging information.
  • Threats to damage property or reputation.
  • Threats to initiate criminal or civil proceedings.
• Intent to Obtain Property or Official Action: The defendant must have intended to acquire money, property, services, or an official act to which they are not legally entitled. This intent is crucial for proving extortion.
• Consent Induced by Fear: The victim's consent to relinquish property or perform an act must be directly caused by the fear instilled by the defendant's threats.
• Communication of Threats: Extortion can be committed through various means, including verbal communication, written correspondence, electronic communication (email, text messages, social media), or even through intermediaries.
• Completion of the Offense: The crime of extortion is complete when the threats are made with the intent to extort, regardless of whether the victim complies with the demand.

It's crucial to differentiate extortion from other related offenses:

• Robbery (Penal Code 211): Robbery involves the forceful taking of property directly from a person's presence, using force or fear. Extortion, while involving fear, does not necessarily require the immediate presence of the victim.
• Grand Theft (Penal Code 487): Grand theft involves the unlawful taking of property valued at over $950. While extortion can result in theft, it involves the additional element of coercion.
• Bribery (Penal Code 67-68): Bribery involves offering or accepting something of value to influence a public official's actions. Extortion, on the other hand, involves compelling someone to act through force or fear.
• Criminal Threats (Penal Code 422): Criminal threats involve threatening someone with death or great bodily harm. While related, extortion involves the additional element of demanding property or action.

Extortion is a felony punishable by:

• Up to four years in state prison.
• Fines of up to $10,000.
• Restitution to the victim.
• Formal probation.

Aggravating factors, such as the involvement of a public official, gang activity, or multiple victims, can lead to enhanced penalties.

Federal law also addresses extortion, particularly when it involves interstate commerce or the use of federal communication systems. Key federal statutes include:

• 18 U.S.C. §872 (Blackmail): This statute prohibits the making of threats to extort money or other things of value.
• 18 U.S.C. §1951 (Hobbs Act): This act prohibits robbery or extortion that obstructs, delays, or affects interstate commerce.
• 18 U.S.C. §875 (Interstate Communications): This law addresses the use of interstate communications, such as telephones or the internet, to transmit extortionate threats.
• 18 U.S.C. §951 (Interstate Extortion): Deals with certain acts of extortion that cross state lines.

Federal penalties can include substantial fines and imprisonment for up to 20 years.

A strong defense is critical in extortion cases. Common defense strategies include:

• Lack of Intent: Demonstrating that the defendant did not intend to extort property or action.
• Absence of Fear or Coercion: Proving that the alleged victim did not experience genuine fear or coercion.
• False Accusations or Misunderstanding: Presenting evidence that the charges stem from false accusations or a misunderstanding.
• Legitimate Business Transactions: Showing that the demand for property or action was part of a legitimate business transaction or contractual obligation.
• Insufficient Evidence: Challenging the prosecution's evidence and demonstrating that it fails to prove all elements of the crime beyond a reasonable doubt.
• First Amendment rights: In some cases, the accused may have been exercising their rights to free speech.
• Entrapment: If law enforcement induced the crime, entrapment can be used as a defense.

• Remain Silent: Do not speak to law enforcement without an attorney present.
• Document Everything: Preserve any relevant communications or evidence.
• Seek Legal Counsel Immediately: Contact an experienced criminal defense attorney.
• Avoid contact with the Alleged Victim: Refrain from any communication that could be misconstrued.

Attorney Michael Kraut's experience as a former prosecutor provides a unique advantage in defending extortion cases. His in-depth understanding of prosecutorial tactics and strategies allows him to build a strong and effective defense. We are committed to providing personalized attention and aggressive representation to protect your rights and achieve the best possible outcome.

If you are facing extortion charges in Los Angeles, do not hesitate to contact Kraut Criminal & DUI Lawyers for a confidential consultation. Call us at (323) 464-6453.