Top San Jose, CA Federal Extortion Lawyers Near You

What Is Considered Federal Extortion?

Federal extortion is demanding ransom, threatening to harm a person’s reputation or property, or falsely accusing someone of a crime intending to obtain something (often money) from them. Federal law applies if crossing state or international lines in making the extortion attempt physically, by mail, phone or other communication means.

The federal crime of extortion relates to a variety of crimes in which the offender either threatens to do or reveal something, in the case of a neighboring offense such as blackmail to get the victim to agree to hand over an item or service of value in a nonconsensual manner.

An extortionist working for the public service in finance, for example, may suggest that an individual citizen or business would be targeted for an aggressive audit unless they comply with their demands. In fact, historically, in common law, extortion was distinguished from robbery as being committed by government agents.

What Is the Punishment for Federal Extortion?

The punishment for federal extortion relies almost entirely on how the offense is charged. Punishments can range from one to five years imprisonment. Blackmail under is punishable by no more than one year’s imprisonment while threatening the President or other government officials can land those convicted in prison for up to five years.

In serious cases, punishment can lead to up to 20 years for those found guilty of extortion.

Is Federal Extortion a Felony?

Yes, extortion is almost always considered a felony offense at the federal level, as well as at the state level.

At the state level, certain circumstances may exist allowing iterations of extortion, such as minor incidents of blackmail, to be tried as misdemeanors.

What Should You Do if Facing a Federal Extortion Charge?

If you are facing federal charges related to extortion, it is highly recommended that you secure adequate legal representation as soon as possible. Not only will retaining legal counsel afford you a much better chance of mounting a successful defense during trial, but a skilled criminal defense attorney can help you navigate the options open to you prior to trial, such as a potential plea bargain.

You should attain proper legal representation before proceeding any further with the particulars of your case.

How Can a Lawyer Help With Federal Extortion Charges?

A responsible defense team will provide you with all viable options, including any avenues of defense. Simple innocence may be a defense if there is a gaping lack of material evidence presented by the prosecution, but a lack of intent to extort or defraud is even more common. Given that all criminal cases require intent as an element of the crime, if it cannot be established that you exhibited an intent to extort the plaintiff, you may find yourself facing acquittal rather than conviction.

Federal Extortion Legal Recourse

If you are suspected or accused of extortion you should immediately retain a criminal defense lawyer who handles extortion cases. The lawyer can protect your rights, challenge the government’s evidence, and form your defense. If you choose, the lawyer also may negotiate a plea bargain to achieve a reduced sentence.