Extortion charges arise when you force another person to surrender their property to you through violence or threats. You could also be charged with threatening someone into doing an official act in your favor. Extortion is a severe felony charged under California Penal Code 518.

Before you face a conviction under this statute, the prosecution must prove your unlawful acts and criminal intentions. The stakes are high for defendants facing extortion charges in California. The crime attracts felony charges, and a conviction will result in a lengthy prison sentence. Additionally, you could face hefty fines and severe collateral consequences.

Hiring and retaining a defense attorney increases your chances of obtaining a favorable case outcome when facing extortion charges. Your lawyer will help protect your constitutional rights and build a solid defense against your case.

Understanding California PC 518

California law defines extortion as the use of force, intimidation, and threats to:

  • Compel someone else to give you money, property, or other valuable items.
  • Compel a law enforcement officer to perform or refrain from performing an official act.

Several acts could result in arrest and extortion charges, including:

  • You threaten to expose a person’s secrets when they fail to give you money.
  • You break into another person’s property and threaten them before taking valuable items.
  • Withholding someone’s property and demanding money in exchange for the item.

The prosecution must prove the following elements to obtain an extortion conviction against you:

You Engaged In These Acts Against Another Person

You commit the crime of extortion by engaging in these acts:

  • Threaten to injure a person or their family.
  • Threaten to accuse another person or their family of a crime.
  • Threaten to expose a person’s secrets. Under PC 518, a secret could be anything that could harm the victim when exposed to the public.

You can violate OC 518 by causing harm to another person. However, evidence of injuries is unnecessary to secure a conviction. The court will only require the prosecution to show that you issued threats against the alleged victim.

You Acted with an Intent to Make the Victim Give you their Property or Do an Official Act

Extortion is an offense of specific intent. Therefore, the prosecution must prove your criminal intent before you are convicted. Your actions will count as extortion if you intend to make another person surrender their property to you or make an official decision in your favor.

The Victim Consented to your Demands Due to the Fear for their Safety

The prosecution must prove that the fear you instilled in the victim pushed them to give you their property or do the official acts. Under this statute, you cannot be guilty if the alleged victim gave you their property willfully. This element will be cleared if your threats are proven to be credible.

Extortion of Signature

Under CPC 522, committing extortion by obtaining a signature is a crime. This could occur when you threaten another person to obtain their signature. The elements of this offense include:

  • You threatened to harm another person or expose their secret.
  • You used the threats to compel the person to sign an official document.

The prosecution can obtain a PC 522 conviction against you even when you do not benefit from the forcefully signed document.

Extortion Through a Threatening Letter

You will be charged under California Penal Code 523 if you extort someone by sending them a threatening letter. The prosecution proves your liability under this statute by establishing these elements:

  • You sent a threatening letter to the alleged victim.
  • You threatened to harm the person, accuse them of a crime, or expose their secrets.

Sentencing and Punishment for Extortion in California

A violation of PC 518 is charged as a felony. A conviction for the offense will result in the following punishment:

  • A prison sentence of up to four years.
  • Fines that do not exceed $10,000.

The court may sentence you to felony probation instead of incarceration if:

  • You do not have a criminal history.
  • You did not use violence to accomplish the crime.

With felony probation, you will serve part of the prison sentence without incarceration. The judge will impose the following conditions on your felony probation sentence:

  • Report to your court-appointed probation officer regularly.
  • Pay victim restitution.
  • Perform community service.
  • Refrain from engaging in criminal acts during your probation.

The probation officer will supervise your progress and report any violations.

Penalty Enhancement Under PC 518

The court can impose a harsh sentence for your extortion conviction if the following aggravating factors are present in the case:

  • You committed a crime against a person who is physically or mentally incapacitated.
  • The victim of your crime is an elder. Individuals over sixty-five are protected under California law. A conviction for extortion against an elder will devastate your freedom and life.
  • You committed the offense for the benefit of a street gang. The court may impose enhanced penalties if you violated PC 518 as part of gang activities. This means that the three strikes law will apply in your case. A conviction under the three strikes law attracts a penalty of 25 years to life.

Legal Defense Against Extortion Charges

The consequences of a conviction for extortion can follow you for a lifetime. Therefore, you must be aggressive to fight the charges and avoid a conviction. While each case under PC 518 is different, you can build a defense around the following legal arguments:

False Allegations

While extortion is a severe felony, it does not always involve violence. The prosecution can file extortion charges against you for threatening another person to do as you wish. It is not uncommon for you to be falsely accused of extortion. People may make false allegations against you out of anger, a need for revenge, or jealousy. Extortion can happen through messages or electronic communication. False allegations are easy to refute when you have a knowledgeable lawyer.

Insufficient Evidence

The prosecution must prove five elements of extortion before you are convicted of the offense. The court will require the prosecution to present physical and circumstantial evidence to prove each element beyond a reasonable doubt. A skilled lawyer will be able to assess the prosecutor's case and try to create reasonable doubt for each element.

You may be able to avoid a PC 518 conviction if there is insufficient evidence in your case. When there is no evidence that you caused another person to give you property or money, the prosecution can reduce your charges to attempted extortion, which carries a lesser sentence.

Lack of Specific Intent to Commit the Crime

The prosecution must prove your intent to make another person surrender their property or do an official act when proving your liability under PC 518. The intent is a challenging element to establish. This makes the prosecutor's case difficult to prove. You will avoid a conviction for extortion when your attorney proves that your actions were unintentional. Under these circumstances, the court can dismiss your case or charge you with a lighter offense.

You did not Threaten the Alleged Victim

Before you are found guilty of extortion, the prosecution must prove that you either performed a violent act on the victim or threatened them. You can fight your extortion charge by arguing that you did not threaten the person. Mostly, the prosecution will use witness testimony, messages, or recordings of you issuing the threats. When such evidence is unavailable, proving the case will be challenging.

You Legally Owned the Property

You cannot be charged with extortion if the money or property you obtained was rightfully yours. When you use this defense, your attorney must convince the court that your attempts to recover your property or money were open and non-violent.

Frequently Asked Questions on Extortion in California

Extortion is a serious felony. A conviction for the offense can have devastating effects on your life. If you or a loved one faces an arrest and charges under PC 518, you may be confused and unsure of the steps to take for a favorable case outcome. The following are commonly asked questions about extortion:

Can I be charged with extortion if I did not hurt the alleged victim?

Yes. Extortion involves the use of not only physical force but also verbal and written threats. Therefore, you can be charged and convicted under Penal Code 518 even when there is no evidence of physical force or injuries to the alleged victim.

Can a victim of extortion file a lawsuit?

Yes. Extortion can result in significant losses of money and property to the victim. Whether or not you face a criminal conviction under Penal Code 518, the victim of your crime can file a civil lawsuit against you. Such a lawsuit allows the victim to recover the lost property or money. In a civil extortion lawsuit, the victim must prove the following factors:

  • You threatened them, intending to obtain property, money, or an essential service.
  • You knew that the threats were unlawful.
  • The victim complied with your demands for fear of harm to them or their family.

Unlike in criminal proceedings, where evidence of financial loss is presented, you cannot be held liable in a civil extortion lawsuit if the alleged victim did not suffer a loss. The victim in a civil case can use the following pieces of evidence to prove their lawsuit:

  • Texts, emails, and video recordings to show the threats.
  • Bank records for money exchange.
  • Statements from witnesses.

If the civil lawsuit is successful, the court may order that you compensate the victim for their property and money losses. Additionally, you could be liable for punitive damages to punish you for your actions.

Although the civil case is different from your PC 518 criminal case, having an acquittal or dismissal in the criminal case can be beneficial in winning the civil case. Therefore, a skilled criminal lawyer is critical to helping you battle your criminal case.

Will my case be dismissed if my plan to extort another person does not work?

You would not be convicted under California Penal Code 518 if the alleged victim of your actions did not give in to the extortion attempts. However, you will not be able to walk away from the trial. You can be charged and convicted of attempted extortion, which involves unsuccessful attempts to extort someone.

Can I Expunge a Penal Code 518 Conviction?

Expungement is a legal proceeding that allows you to withdraw your guilty verdict and exchange it for a not guilty verdict. Under PC 1203.4, an expungement helps you avoid the collateral consequences of your criminal conviction. Unfortunately, extortion is a moral turpitude crime resulting in a prison sentence. This means that you cannot petition the court to expunge your conviction.

If you are ineligible for an expungement, you can reduce the stigma of your extortion conviction through other forms of post-conviction relief. Obtaining a rehabilitation certificate is one way to ease the effects of a felony conviction on your record.

The certificate of rehabilitation will not erase your conviction from the public record. Instead, the judge issues an order that states that you are a law-abiding citizen. You will be eligible for a certificate of rehabilitation if you meet the following eligibility requirements:

  • You are not on felony probation. If you are serving formal probation, you must complete the probation term before seeking a certificate of rehabilitation.
  • You have not been incarcerated for a new crime. If you want to ease the consequences of your PC 518 conviction through a rehabilitation certificate, you must avoid committing other crimes after completing your sentence. This is because continued criminal acts do not reflect rehabilitation.
  • You must be rehabilitated for several years before you can apply for a certificate of rehabilitation in California.

You will need to obtain your criminal record from the court where you were convicted and file a petition to obtain a certificate of rehabilitation. You must present sufficient evidence to support your request at the COR hearing. Depending on the circumstances, the prosecution can support or contest your COR motion. Your attorney can gather support from the prosecution by meeting them before the hearing.

The judge will consider the following factors before granting you a certificate of rehabilitation;

  • Evidence that you have obtained employment or have enrolled in school.
  • Evidence of volunteer work.
  • A statement indicating your reason for seeking the COR.
  • Other pieces of evidence.

How does extortion differ from attempted extortion?

California makes it a crime to extort or attempt to extort another person. The difference between extortion and attempted extortion is the completion of the crime. When you face extortion charges under PC 518, the prosecution must prove that you obtained property or money from the alleged victim. You will be charged with attempted extortion even if you fail to blackmail another person.

Another difference between these offenses is the nature of the charges arising from the crime. Extortion is always charged as a felony. Attempted extortion, on the other hand, is a wobbler. This means that the crime can attract felony or misdemeanor charges.

When you face misdemeanor extortion charges, you will be selected for a jail sentence of up to one year. Sometimes, you can avoid incarceration through probation. This is a lower sentence than the lengthy prison time you will face for extortion. If you face an extortion charge, your attorney can negotiate with the prosecution to reduce your charge to attempted extortion.

Can I be deported for an extortion conviction?

Yes. Extortion is treated as a crime of moral turpitude in California. Crimes of moral turpitude involve extreme dishonesty and violence against another person. You risk losing your status if you face a conviction for the offense as an immigrant. Immigration and Customs Enforcement can begin deportation proceedings immediately after the arrest. Being deported involves a forceful removal from the country.

Another immigration consequence you can face for extortion is inadmissibility. When an immigrant is rendered inadmissible in the United States, they cannot return to the country after leaving.

Find a Competent Defense Attorney Near Me

You can be arrested and charged with extortion if you use threats or force to obtain money or services from another person. Under California PC 518, extortion is a serious felony that attracts lifelong consequences. Even after serving your prison time and paying the fines, shaking off an extortion conviction from your record can be challenging.

Fortunately, not all arrests under this statute will result in a conviction. With the guidance of a knowledgeable attorney, you can fight to have your charges dismissed. If the prosecution’s case against you is strong, you can convince the prosecution to reduce your charges to a lesser offense, like attempted extortion. This ensures that you face less severe penalties.

If you or a loved one is arrested and charged with extortion, you will need the counsel of a reliable defense attorney. Your choice of legal representation can significantly affect the outcome of your criminal case. At Los Angeles Criminal Attorney, we have the knowledge and experience you need to navigate your defense and avoid an extortion conviction in Los Angeles, CA. Contact us today at 424-333-0943 for a consultation and to discuss your case details.