Blackmail and extortion are often thought of as essentially the same thing but they are not. It can be confusing because in California both crimes are covered under the California Extortion and Blackmail Law. To further confuse the matter, they both have the same penalties. That said, they are different crimes. Keep reading to learn the differences and then contact Law Office of Michael L. Fell at (949) 585-9055 if you have been accused of either.
The Definition of Extortion
The definition of extortion is using coercion to get money, services, or goods from a person. This coercion could refer to violent acts, threats of violent acts, destroying someone’s property, or unlawful governmental activity. In some cases, threatened refusal to testify can also be coercion.
Consider this example: A group of street-wise young toughs approach a business owner and threaten to destroy their property unless the owner of said business provides them with an ongoing protection fee. This is extortion. Another example would be a government official getting money in exchange for performing an official act, or a law enforcement officer not arresting someone in exchange for a bribe.
The Definition of Blackmail
On the other hand, blackmail refers to obtaining goods, services, or money from someone by making threats to reveal information that is embarrassing, socially damaging, or incriminating. For example, a neighbor finds out that their neighbor is cheating on his wife and says they will report it to the cheating spouse unless said spouse pays the neighbor, this would be blackmail.
One important thing to know about is that blackmail is illegal regardless of how accurate the information is. Even if the information you are blackmailing someone about is truly illegal, it is not legal to blackmail them to prevent releasing the information.
Potential Penalties for Blackmail and Extortion
As mentioned above, the penalties for both charges are the same. They are both felonies and can come with a prison sentence of up to four years and fines of up to $10,000. Even if you were not successful in blackmailing or extorting someone, simply trying is a crime – though it is a less-serious crime of attempted extortion or blackmail.
Attempted blackmail or extortion is a wobbler offense which means it can be charged as a misdemeanor or a felony. Felony charges can come with the same punishment as those for successful blackmail and extortion, while misdemeanor charges can result in up to 364 days in prison and fines of as much as $1,000.
If you have been accused of blackmail, extortion, or a fraud charge, then it is time to contact Law Office of Michael L. Fell at (949) 585-9055. The right criminal defense attorney can help you find the best way forward with your case. Call us now to get started.