If you have been charged with Extortion in Orange County, you should contact the Criminal Defense Attorneys at the Atias Law Firm. Extortion occurs when someone uses force or threats to compel another person to give money or other property.  Extortion can take on many forms including extortion by threatening letter or extortion of signature. The full text of the Extortion laws in Orange County can be found in California Penal Code Section 518. To prove that the defendant is guilty of Extortion, the Prosecutor must prove that

• the defendant threatened to do one of the following to another person
  • Unlawfully injure or use force against another or another’s property
  • Accuse another of a crime
  • Expose a secret involving another
• When making the threat or use of force, the defendant intended to force another into consenting to give the defendant money or property
• As a result of the threat, the victim did consent to give the defendant money or property
• The then actually did give the defendant money or property

Extortion can be committed by threatening someone with physical harm even if the defendant does not actually injure or use force against another even if said act is perfectly legal. Extortion also occurs even if the defendant believes he/she has a right to the money or property. The Extortion laws in Orange County can be confusing to a defendant charged with a crime. The Criminal Defense Attorneys at the Atias Law Firm know the ins and outs of these particular criminal charges and we may be able to help you get your case dismissed or lowered to a lesser offense.

Reducing An Extortion Charge To A Lesser Crime

Circumstances may allow the Prosecutor to charge you with Misdemeanor Extortion, rather than Felony Extortion. Whether your case should be charged as a misdemeanor or a felony will depend on the facts of your case and your criminal record. The Criminal Defense Attorneys at the Atias Law Firm may be able to show that your Felony Extortion charge should be reduced to a Misdemeanor Extortion charge. Our attorneys aggressively will challenge the facts of the case. We may be able to get an Investigator to obtain contradictory statements from witnesses. If we can convince the court that the witnesses are not credible, your Extortion charges may be reduced and you could avoid jail or prison.

Will I Go To Jail?

Possibilities & Penalties For Extortion Charges in Orange County

Extortion is generally a felony in California. Extortion is punishable by a maximum of four year in jail and a fine of up to $10,000.  If the person being extorted is a person with mental or physical impairment or is a senior citizen, it is considered an aggravating factor which could increase the sentencing guidelines. In addition, the crime of extortion can count as a strike under California’s Three Strikes law but only if committed in connection with gang activity. Attempted extortion is generally a wobbler, meaning that it can usually be charged as a misdemeanor or felony. Misdemeanor attempted extortion is punishable by a maximum of one year in jail and a $1,000 fine. Felony attempted extortion may result in a sentence ranging up to three years in jail and a fine of $10,000. As detailed below, your case may be reduced to a lower crime, or your case may be dismissed.

Extortion Defenses in Orange County

The Criminal Defense Attorneys at the Atias Law Firm knows the defenses that may help get your Extortion charge dismissed. There are a number of defenses to Extortion in Orange County, however the applicability of those defenses depends on the facts of your case. For example, as you can see above, the Prosecutor has a lot to prove. We will work hard to show that any number of the requirements of the law aren’t met. For instance, we may be able to show that the defendant did not consent to your threat and that the defendant provided the money or other property for a completely separate reason. Another defense may be that the prosecutors do not have sufficient evidence to prove extortion charges against you. Specifically, you may be able to prove that the entire exchange was a misunderstanding or that you didn’t threaten the other person. Another common defense is that charge was based on false accusations by the accuser who was motivated by anger, jealousy or revenge.

How Can Extortion Charges Be Reduced?

When the prosecution case is strong, sometimes the best tactic is to try to work out a plea deal with the Prosecutor. The Criminal Defense Lawyers at the Atias Law Firm may be able to get your Extortion charge, and the penalties reduced to those penalties associated with Misdemeanor Extortion.

What Happens If I Have a Prior Conviction?

If you have prior convictions for Extortion, then you may face increased penalties in your current Extortion case. The Criminal Defense Lawyers at the Atias Law Group aggressively challenge any prior convictions. For instance, if your prior Extortion conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken. If we can successfully strike your prior convictions, then you will only face 1st time Extortion penalties.

What Should I do about an Extortion charge in Orange County?

Contact the Criminal Defense Lawyers at the Atias Law Firm today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.