Extortion is often dramatized in movies as a plotline involving threats and intimidation, but in reality, it is a serious crime with life-altering consequences. Both state and federal laws criminalize extortion, and depending on the circumstances, a case may be prosecuted in either system.
Anyone facing such charges must understand how the law defines extortion, the penalties that may follow a conviction, and the defenses available. This article breaks down these key issues and explains what is at stake.
What Is Extortion?
In legal terms, extortion is the act of obtaining money, property, or some other benefit through threats, coercion, or misuse of authority.
Unlike robbery or theft, which involve directly taking property, extortion relies on intimidation—threats of harm, reputational damage, or abuse of official power—to compel a victim’s compliance.
State vs. Federal Extortion Laws
| Level | How Extortion Is Defined | Key Points |
|---|---|---|
| State Laws | Criminalized under state statutes, generally defined as obtaining money, property, or something of value from another person through threats, coercion, or abuse of authority | Definitions and penalties vary by jurisdiction |
| Federal Law | Governed by the Hobbs Act (18 U.S.C. § 1951) | Prohibits extortion that impacts interstate commerce or involves public officials. |
Note: Whether an extortion case is prosecuted in state or federal court depends on whether the actions violated state and/or federal law and whether state or federal prosecutors are interested in pursuing the case. Always consult an attorney familiar with both systems.
Penalties for Extortion
| Jurisdiction | Possible Penalties | Key Factors That Influence Sentencing |
|---|---|---|
| State Laws | Typically charged as a felony; penalties may include several years in prison, large fines, restitution, and probation | Varies by state statute, but generally severity of threats, use of violence, and amount of money/property involved |
| Federal Law | Under the Hobbs Act (18 U.S.C. § 1951), penalties can include fines and up to 20 years in federal prison. | Often harsher penalties when public officials are involved |
Collateral Consequences: Convictions may also lead to loss of professional licenses, immigration issues, and lasting reputational damage.
Legal Defenses To Extortion
Facing an extortion charge does not mean conviction is inevitable. Several defenses may be available depending on the facts and jurisdiction:
- Lack of intent: The prosecution must prove that the defendant intended to obtain money, property, or advantage through threats; absence of intent can undermine the case.
- Insufficient evidence: Extortion cases often rely on circumstantial or weak evidence, which can be challenged in court.
- False accusation: Disputes in business or personal relationships sometimes lead to fabricated claims.
- Constitutional violations: Evidence obtained through unlawful searches, coerced confessions, or due process violations may be excluded, weakening the prosecution’s case.
When To Seek Legal Help
Extortion is a serious criminal offense that can lead to lengthy prison terms, steep fines, and permanent damage to one’s reputation. The stakes are even higher if the case is brought under federal law, where penalties can be severe.
If you are under investigation or have been charged, it is essential to work with a skilled criminal defense attorney who understands both state and federal extortion laws. Contact a qualified defense lawyer immediately to review your case and protect your rights.
Read Also: Strict Liability Under Criminal Prosecution
FAQs
Is extortion a felony or a misdemeanor?
Extortion is almost always a felony under both state and federal law.
What is the difference between extortion and blackmail?
Blackmail is a form of extortion. Specifically, it involves threats to reveal damaging information unless money or another benefit is provided. Extortion more broadly covers obtaining value through threats, coercion, or misuse of authority.
Can I face federal charges for extortion?
Yes. Federal charges may apply if interstate commerce is affected.
What should I do if I am accused of extortion?
Do not speak to investigators. Contact a criminal defense attorney immediately.
What defenses are available in an extortion case?
Common defenses include lack of intent, weak evidence, false accusation, or constitutional violations.