How You Can Successfully Fight an Extortion Charge – Penal Code Sections 518, 520
Facing an extortion charge in California can be a daunting and overwhelming experience. The stakes are high, and the consequences of a conviction can be severe, including hefty fines and lengthy prison sentences. However, with the right criminal defense lawyer, you can successfully fight an extortion charge and protect your future.
In this blog post, we will guide you through the legal concept of extortion in California, explain the penal code sections that define extortion and its penalties, outline key defense strategies, and emphasize the importance of legal representation. By the end of this post, you will have a clear understanding of how to approach your defense and the importance of seeking expert legal advice.
If you are looking for a criminal defense attorney near you, then you can reach out to us at any of our offices. Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with our experienced attorneys.
California Penal Code Section 518: Definition of Extortion
California Penal Code Section 518 defines extortion as obtaining something of value from another person through the use of force, threats, or coercion. This statute is designed to protect individuals from being compelled to surrender their property, money, or services against their will. Under this law, extortion can also include threats to expose a person’s secrets or to accuse them of a crime, thereby coercing them into compliance.
Key Provisions of Penal Code Section 518
- Force or Fear: The fundamental basis of an extortion charge under California Penal Code Section 518 is the use of force or fear to obtain something of value. This fear can stem from threats of physical harm, accusations of criminal conduct, or aspersions on one’s character.
- Intent: The accused must have intended to use these threats or coercion to secure financial or material gain.
- Compliance Due to Threat: The victim must have complied with the demands due to a reasonable belief that the threats would be carried out.
Fighting an extortion charge under California Penal Code Section 518 is a complex process that involves scrutinizing the prosecution’s case, leveraging viable defense strategies, and navigating the intricacies of legal standards and precedents. If you are facing such charges, it is imperative to consult with an experienced criminal defense attorney who specializes in extortion cases and can provide comprehensive guidance tailored to the specifics of your situation.
Penalties for Extortion in California
The penalties for extortion in California can be quite severe, reflecting the serious nature of the crime. Under California Penal Code Section 520, the commission of extortion is classified as a felony. The specific penalties can vary depending on the circumstances of the case and whether any aggravating factors are present.
Imprisonment
A conviction for extortion can result in a state prison sentence ranging from two to four years. In certain cases, where multiple counts of extortion are involved or if the extortion involved threats of violence, prison sentences can be even longer. Additionally, those convicted may be required to serve probation following their release, subject to strict conditions and supervision by the court.
Fines
In addition to imprisonment, individuals convicted of extortion may face substantial fines. These fines can be as high as $10,000, adding a significant financial burden on top of incarceration.
Restitution
Beyond fines payable to the state, the court may also order restitution to the victim. Restitution is intended to compensate the victim for any financial loss or damage suffered due to the extortion. This could include reimbursement for stolen money, lost income, or other related costs.
Additional Consequences
A felony conviction for extortion can have long-lasting impacts beyond the immediate legal penalties. A criminal record can negatively affect employment prospects, housing opportunities, and the ability to obtain professional licenses. Additionally, the social stigma associated with a felony conviction can strain personal and professional relationships.
Aggravating Factors
Certain factors can aggravate the penalties for extortion. For instance, if the extortion involves threats of violence, the use of a weapon, or targeting a particularly vulnerable victim, the penalties may be enhanced. Similarly, if the defendant has prior convictions for similar offenses, they may face harsher sentencing under California’s three-strikes law, which can lead to life imprisonment for repeat offenders.
Defenses Against Extortion Charges
Fighting extortion charges requires a keen understanding of all possible legal defenses that can effectively counter the prosecution’s claims. Different circumstances may warrant different defense strategies, so it is crucial to tailor the defense to the specifics of each case. Here are some common defenses used against extortion charges:
- Lack of Intent: One of the fundamental elements that the prosecution must prove is intent. If it can be demonstrated that the accused did not have the intention to commit extortion—meaning they did not purposefully use threats or coercion to obtain something of value—this can serve as a strong defense. Lack of intent might be established through evidence such as communication records, witness testimony, or other relevant documentation that undermines the prosecution’s claims of deliberate coercion.
- Absence of Threat or Coercion: Another key element of an extortion charge is the use of threats or coercion. If the defense can show that no actual threats were made, or that any alleged threats were not intended to be taken seriously by a reasonable person, this could weaken the prosecution’s case. For example, exaggerated statements made in a moment of frustration may not meet the legal criteria for a threat.
- Duress: In some cases, an accused individual may argue that they were acting under duress—that is, they were forced to engage in extortionate conduct due to threats or coercion directed at them. The duress defense can be particularly compelling if supported by evidence showing that the accused’s actions were a result of immediate and credible threats of harm to themselves or others.
- False Accusation: False accusations can arise from personal vendettas, misunderstandings, or mistaken identity. To counter false accusations, the defense may present evidence that casts doubt on the credibility of the accuser, such as inconsistent statements, lack of corroborative evidence, or motives for making a false claim. Investigating the accuser’s background and relationship with the accused can sometimes reveal ulterior motives for making an extortion accusation.
- Insufficient Evidence: The prosecution bears the burden of proving each element of the extortion charge beyond a reasonable doubt. If the defense can highlight gaps or inconsistencies in the prosecution’s evidence, they may be able to obtain a dismissal or acquittal. This could involve challenging the reliability of witness testimonies, the validity of documented threats, or the chain of custody for evidence submitted in the case.
- Mistaken Identity: In scenarios where an extortion attempt was made but the accused was not the individual who committed the act, mistaken identity can be a viable defense. This could involve presenting alibi evidence, surveillance footage, or eyewitness testimony that confirms the accused was elsewhere at the time of the alleged extortion.
Each case is unique, so it is essential to consult with a knowledgeable criminal defense lawyer who can assess the situation and develop a customized defense plan. By understanding the available defenses, an individual facing extortion charges can significantly improve their chances of a favorable outcome.
Importance of Legal Representation
Having skilled legal representation is crucial when facing an extortion charge. A knowledgeable criminal defense attorney can:
- Assess the specific circumstances of your case.
- Develop a tailored defense strategy.
- Gather and present evidence to support your defense.
- Negotiate with the prosecution, potentially leading to reduced charges or dismissal.
When choosing a criminal defense attorney, consider their experience with extortion cases, reputation, and ability to communicate effectively. Your criminal defense attorney should be someone you trust to represent your best interests.
Contact Wallin & Klarich Today
If you are facing an extortion charge, you need to contact an aggressive criminal attorney. At Wallin & Klarich, we will fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
You may not be aware of all your options. Let our skilled attorneys examine your case to find the best way to avoid prison. We have offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney.
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