Extorting money or property through threats is a severe crime in California. California Penal Code Section 524: Attempted Extortion in California details the penalties for attempting this criminal activity. Extortion convictions can result in fines, jail time, and other repercussions.
If you face attempted extortion charges, it is crucial that you obtain experienced legal representation. A Los Angeles white-collar crime lawyer can help you fight back against an attempted extortion charge. There are many potential defenses that you can use.
Our criminal defense attorney in Los Angeles at the Simmrin Law Group understands extortion laws and legal defenses that work to protect clients facing these accusations. Call or complete our online contact form to discuss your situation with a criminal defense attorney.
How Penal Code 524 Defines Attempted Extortion
Under California law, attempted extortion occurs when a person tries to acquire money or property from another person through the use of a threat. The charge applies to threats of direct harm to the person or harm to a third party, such as a family member.
A critical element of this crime is intent. The accused must have acted with the intent to commit extortion to be guilty of this crime. If someone made threats with no intent to extort money or property, they may be guilty of another crime, like assault.
If a person attempts to commit extortion and is successful in doing so, they will not face charges under PC 524: Attempted Extortion in California. Instead, the court can charge them under Penal Code Section 518.
What Are the Penalties for an Attempted Extortion Conviction?
In California, the court treats attempted extortion as a wobbler offense. That means if you get charged with violating Penal Code 524, you could face a misdemeanor or a felony charge. Ultimately, it is up to the prosecutor to decide how to charge you.
However, your criminal history and the specifics of the offense will likely weigh heavily in this decision. Sometimes, the court uses a misdemeanor charge for attempted extortion. In this situation, a conviction could mean:
- Up to one year in a county jail
- A fine of up to $10,000
- Summary probation
The consequences for a felony offense can be far more severe, with potential penalties of:
- Up to three years in prison
- A fine of up to $10,000
- Formal probation
Felony convictions can impact your life for many years, so it’s important to start formulating a defense strategy immediately after your arrest. We take all forms of extortion seriously and stand ready to represent your best interests.
How Do Lawyers Handle Extortion Offenses?
A Los Angeles criminal defense lawyer can help you with an extortion offense. Our team often focuses on getting a client’s charges dismissed or reduced.
The court may dismiss charges for the crime of extortion if we show that a prosecutor has insufficient evidence to proceed. An extortion attorney may also show that the police violated your rights while investigating an alleged extortion crime.
Your attorney may recommend a plea bargain in other cases. Accepting a plea bargain can reduce the legal penalties for a conviction. We may also aggressively represent you in court by trying to prove reasonable doubt to the jury. Take legal action by contacting us now.
What Are Defenses Against an Attempted Extortion Charge?
We can use many potential defenses when fighting an attempted extortion charge in California. Your attorney will review the facts of your case before deciding which defense is best suited for your situation.
Some of the arguments most commonly used in attempted extortion cases include:
No Threat
One of the critical elements of a PC 524 offense is the use of threats. If your lawyer can show that you made no threats, you should be able to avoid a conviction. We aim to demonstrate reasonable doubt to protect our clients after an arrest for a criminal offense.
False Accusation
False accusations occur more often than you would likely imagine. Sometimes, people face false allegations due to confusion on the part of the witness. Other times, the supposed witness intentionally accuses another person of a crime with malicious intent.
Many things can lead to an accidental false accusation. Maybe the accused and the perpetrator look alike. Alternatively, the accused may have been present during the crime, and the witness saw their face and got confused.
Unfortunately, people far too often decide that falsely accusing someone they dislike of committing a crime is a suitable means of revenge. Intentionally false accusations are a crime. If your accuser knowingly misled law enforcement into believing you were guilty of attempted extortion, they may face criminal charges.
No Intent
If you did not intend to commit extortion, you should not be found guilty under PC 524. If you threatened someone but did not do so to obtain money or property from them, you may still face criminal charges. However, those charges will not be for attempted extortion.
Alternatively, the whole situation may have been a big misunderstanding, with no intent to commit any crime. We offer our legal services to help in this situation. We provide a wide range of support after arrests.
Can a Conviction Under PC 524 Be Expunged?
Getting a Penal Code 524 conviction expunged is possible in many cases. To be eligible to expunge your conviction, you must first complete any jail or probation sentence. If you serve any time in state or federal prison for the offense, your conviction will not be eligible for expungement.
Getting a charge expunged is a great way to clean the slate after serving your sentence and move forward with your life. Removing a charge from your record can be particularly helpful if you need employment or housing.
Your lawyer can help you discuss the expungement of this criminal conviction. We offer comprehensive legal services and are ready to discuss your situation with a risk-free initial consultation.
Find a California Criminal Defense Lawyer
Finding a criminal defense lawyer in California you feel comfortable with is crucial when facing criminal charges. You want an experienced lawyer you can trust who you feel has your best interests at heart.
At the Simmrin Law Group, we have helped defend many clients against attempted extortion charges. We know how the courts handle this charge and have a history of getting positive results for our clients.
Give us a call or fill out our online contact form today to schedule a free, no-obligation consultation. We are standing by, ready to answer any questions you may have and advise you of all your legal options.