Extortion is a serious crime under California law, often involving threats or coercion to obtain money, property, or favors. While Hollywood often portrays extortion as a mobster tactic, the reality is that these charges can stem from many everyday situations, including business disputes or personal conflicts.
Because extortion involves an alleged abuse of power or threats, prosecutors pursue these cases aggressively, and a conviction can carry harsh penalties. At Law Office of Michael L. Fell, we represent clients accused of extortion and work to build strong defenses tailored to each case.
How California Defines Extortion
California Penal Code 518 defines extortion as obtaining money, property, or official action from another person, with their consent, through the use of force, threats, or fear. The law covers a broad range of scenarios, such as:
- Threatening to expose damaging information unless paid,
- Demanding favors under the threat of physical harm,
- Forcing public officials to act under pressure,
- Using threats of false accusations to gain money or property.
Importantly, extortion does not require the threat of violence alone. Even threats of embarrassment, professional harm, or reputational damage can qualify.
Penalties for Extortion in California
Extortion is always charged as a felony. A conviction can bring:
- Up to four years in state prison,
- Fines of up to $10,000,
- Restitution to the alleged victim,
- A permanent felony record that can affect employment, licensing, and immigration status.
If the alleged extortion involves threats against a public official, sentences can be even more severe.
What Prosecutors Must Prove
To convict someone of extortion, prosecutors must prove several elements beyond a reasonable doubt:
- The defendant used force or threats to instill fear in another person,
- The defendant intended to obtain money, property, or an official act,
- The victim consented as a result of the threats, and
- The victim complied with the demands.
Because intent and consent are often disputed, these cases can hinge on the interpretation of words, communications, and circumstances.
Common Defenses Against Extortion
Extortion charges can sometimes arise from misunderstandings, false allegations, or ordinary disputes taken out of context. Defenses may include:
- Lack of threat: If no actual threat was made, the charge may not apply.
- No intent to extort: If the accused did not intend to obtain money or property through fear, there may be no crime.
- False accusations: Personal conflicts, custody disputes, or business rivalries sometimes lead to exaggerated claims.
- Insufficient evidence: Without clear proof of threats and compliance, prosecutors may fail to meet their burden.
- Constitutional violations: If evidence was obtained through illegal searches or wiretapping, it may be excluded.
Why These Cases Are High Stakes
Because extortion involves allegations of coercion, the stigma of being charged alone can harm your reputation, career, and personal life. That makes it all the more important to have experienced legal representation that can push back against exaggerated claims and challenge weak evidence. At Law Office of Michael L. Fell, we thoroughly analyze text messages, emails, recordings, and witness statements to identify flaws in the prosecution’s case.
A Legal Ally You Can Rely On
Facing an extortion charge does not mean you are guilty. With the right defense, you may be able to reduce charges, secure a plea deal, or even win a dismissal. If you have been accused of extortion in California, call Law Office of Michael L. Fell at (949) 585-9055 today to schedule a free consultation and learn about the strategies we can use to protect your future.