California Extortion Defense Lawyers
California Penal Code 518
Our Southern California criminal defense attorneys defend citizens against extortion charges throughout Los Angeles and San Bernardino Counties and the surrounding areas.
Extortion under California law Penal Code 518, is the use of force or threats to compel someone to give up property or to do an official act. "Threats" for extortion purposes can include threats to do physical harm a person or his family, or what we know commonly as blackmail, namely threats to reveal a secret about someone or embarrass someone.
Extortion is a very serious criminal offense in California, and can carry penalties of up to four years in state prison. A person accused of extortion under California Penal Code 518 should speak to an experienced Los Angeles criminal defense attorney about the allegations as soon as possible.
California Extortion Law and Jury Instruction
The defendant is charged with extortion by fear.
To prove the defendant committed this crime of extortion, the prosecution must prove that:
1. The defendant threatened to unlawfully inflict harm upon another person or his property; or threatened to accuse someone of a crime; or threatened to expose a secret about another person or cause another person disgrace;
2. When issuing the threat, the defendant intended to compel the person to consent to give the defendant money or property or to do an official act;
3. As a result of the threat, the other person consented to provide the defendant money or property or to do an official act;
AND
4. As a result of the threat, the other person then provided the defendant money or property or did an official act;
The term "consent" for extortion can be coerced or unwilling, so long as the consent is given as a result of the wrongful use of force or fear.
California Penal Code Section 518
