Being involved in a blackmail or extortion case can be intimidating for anyone who has never been part of a federal criminal investigation. This type of federal crime can cause stress and anxiety for everyone involved, making it crucial to hire an experienced extortion defense lawyer to swiftly navigate the intricacies of extortion law.
Whether you’re a victim of extortion blackmail or the individual accused of such criminal acts, you’ll need timely assistance from a skilled extortion lawyer. That will help you understand the underlying law on blackmail and extortion, sentencing alternatives, and other factors to rapidly resolve the issue.
What is Extortion?
Extortion is generally understood to refer to instances and situations where an individual attempts to obtain something of value (for example, demanding money, or property) through threats, by using force, or by intimidating another person.
Thus, it is possible to highlight the main examples of extortion:
- The threat of using brute force against a specific individual to compel them to carry out a certain action.
- The threat of destruction or damage to property with the aim of financial gain.
The assistance of a qualified extortion attorney in extortion and blackmail cases may be required even if a person is using threats or force against another official, compelling them to perform a specific action. If you find yourself facing threats of violence, being coerced into handing over your own money, or someone is attempting to take your property, it’s crucial to immediately seek the support of a solicitor to help resolve the matter.
The Difference Between Blackmail and Extortion
Many people confuse two entirely different concepts – blackmail and extortion. They involve similar actions but are distinguished by different means.
Let’s consider the main and most important differences:
- Extortion involves an attempt to obtain something of value through the use of threats of violence or intimidation.
- Blackmail is an attempt to obtain something of value through the threat of disclosing something that could embarrass or damage another person’s reputation. Simply put, the blackmailer makes an unwarranted demand with menaces to cause harm or profit from the activity.
When it comes to extortion, an individual often faces threats of physical harm. However, a classic example of blackmail involves obtaining a certain advantage by threatening to disseminate potentially embarrassing information, photographs, and videos.
The common characteristic of both blackmail and extortion is associated with specific threats and demands that target a particular individual. As a result, such an individual is intimidated to coerce them into performing certain actions, surrendering property, and the like against their will.
Legal Consequences of Conviction for Extortion and Blackmail
Extortion or blackmail are classified as serious crimes under state law and federal law, making offenders subject to criminal liability. However, the state laws for this criminal behavior differ significantly and the penalty can be influenced by several factors.
At the state-level prosecution, two main differences influence the punishment.
- Whether the blackmail needs to be successful with the victim complying with the unwarranted demands.
- Whether the defendant intends to receive money from the unwarranted demand.
As forms of punishment, the following methods are used in various countries:
- imprisonment (terms vary depending on the severity of the crime committed);
- fine (the amount depends on the severity of the crime committed).
It’s important to remember that any accusations of blackmail or extortion, no matter how minor, are taken very seriously. Therefore, if you’ve been falsely accused of such actions or have fallen victim to extortionists, you’ll need the defense of a solicitor specializing in extortion who can delve into the issue more thoroughly and find the appropriate solution.
Federal Laws on Extortion/Blackmail
The United States Code considers blackmail as a misdemeanor offense, with convictions carrying a maximum sentence of 1 year in federal prison or a fine worth up to $100,000. However, the actual sentence and fine imposed depend on the factors outlined in the US sentencing guidelines. The federal sentencing judge also has broad discretion on the sentence depending on the mitigating factors related to the case.
On the other hand, federal extortion is a serious crime with huge fines and lengthy prison sentencing depending on the nature of the crime. Convictions under the Hobbs Act carry a maximum sentence of 20 years in federal prison, but the victim must prove the defendant received money or anything valuable from the activity. However, the actual sentence depends on the factors outlined by the US sentencing guidelines.
Generally speaking, the sentencing will depend on the circumstances of this federal offense. However, the judge will typically consider the defendant’s criminal record, the victim’s reputation, and other underlying factors related to the defendant’s character and background.
Besides dealing with extortion, Chapter 18 of the United States Code also deals with other crimes including interstate communications or mailing threatening communications. As such, making threats and extorting money through the US postal service is a serious crime with harsh penalties under federal law.
Defence Against Extortion Accusations
A person will be found guilty if the state or federal prosecutor can prove all the facts of extortion. As qualified international lawyers, we must prove that all the allegations made are unfounded, and the use of threats is improper. A team of experienced solicitors will help defend the interests and rights of their client, taking into account the specifics of each case.
In this case, the specific defence will entirely depend on the nature of the extortion or blackmail charge. Nowadays, there are numerous possible scenarios with varying degrees of severity, especially when it comes to crimes such as blackmail and extortion.
When the case is considered in court, all aspects are taken into account:
- communication between the suspected criminal and the alleged victim;
- type of threat;
- possible consequences for the victim;
- Defence arguments in favour of the suspect or victim.
The task of lawyers dealing with extortion is to provide their client with a comprehensive list of necessary services for a swift and fair verdict.
Why Choose our Lawyers?
The experience of our team of solicitors enables us to tackle even the most complex cases. We will help to unravel financial crimes to deal with matters concerning extortion and blackmail. Our task is to help the client avoid severe legal consequences, achieve justice, and protect their rights, interests, and freedom.
Our main advantages in our work are described as:
- the opportunity to “build” a strong defence on behalf of the client.
- experience in addressing issues related to official misconduct;
- successful integration of expertise in regulatory, criminal, and civil law;
- Providing timely legal advice regarding the nature of threats to ascertain whether they constitute actual blackmail/extortion or not.
If the matter of blackmail is already under consideration by the police, we guarantee to provide all necessary information in order to choose the best course of action.
Contact Lawyers for Blackmail and Extortion Allegations
If you or someone you know has been accused of blackmail or extortion, it’s absolutely crucial to seek professional assistance from solicitors. Our experts have a proven track record in successfully protecting people’s rights when accused of such federal crimes.
By entrusting our law firm with your case, you can rest assured we’ll fight for the best outcome besides imprisonment. We can negotiate for a plea deal after filing criminal charges or litigate the case through a federal jury trial where necessary.
Contact us right now for expert legal advice on charges of blackmail and extortion.
