Extortion and blackmail are not the same thing, despite common belief to the contrary. Because both crimes are covered by the California Extortion and Blackmail Law, it can be confusing. They both carry the same penalties, which further complicates the situation. Nevertheless, they are distinct offenses. If you have been charged with either, continue reading to learn the distinctions, and then call Law Office of Michael L. Fell at (949) 585-9055.

Extortion: a definition

Extortion is defined as the use of coercion to get money, services, or goods from another person. Violence, threats of violence, destroying someone's property, or illegal government behavior are all examples of coercion. Threats to refuse to testify can also constitute coercion in specific situations.

Think of this illustration: A bunch of street-smart young toughs approach a business owner and demand an ongoing protection charge in exchange for not destroying their stuff. This is extortion. Another illustration would be a public servant receiving payment in exchange for carrying out their official duties or a police officer refraining from making an arrest in return for a bribe.

How to define blackmail

On the other side, blackmail is the practice of extorting products, services, or cash from a person by threatening to divulge humiliating, damaging, or incriminating information. Blackmail would occur, for instance, if a neighbor learns that their neighbor is having an affair with his wife and threatens to inform the cheating spouse unless the neighbor is paid.

Knowing that blackmail is unlawful, regardless matter how accurate the information is, is vital. It is unlawful to use blackmail to prevent someone from disclosing information, even if the information you are threatening them with is accurate.

Potential penalties for extortion and blackmail

The consequences for both offenses are the same, as was already mentioned. Both of these offenses are felonies, punishable by a maximum four-year prison term and a fine of $10,000. Even if you failed in your attempt to extort or blackmail someone, you are still guilty of the less serious crime of attempted extortion or blackmail.

Extortion or attempted blackmail are wobbler offenses, which means they can be prosecuted as either felonies or misdemeanors. Misdemeanor accusations can result in fines of up to $1,000 and up to 364 days in jail, while felonies can result in the same punishment as successful blackmail and extortion.

Call Law Office of Michael L. Fell at (949) 585-9055 if you have been charged with fraud, extortion, or blackmail. You can choose the finest course of action for your case with the assistance of the proper criminal defense lawyer. Call us right now to begin.