If no threat was made, or the alleged victim unreasonably interpreted a non-threatening comment as a threat, the elements of extortion will not be met. To convict a defendant of extortion, there must have been a threat to do harm or to expose information. The defense of factual innocence may be available if a defendant’s conduct fails to meet the elements of the offense. There are several possible defenses to extortion, including: What Are Possible Defenses Against Extortion? If sufficient evidence of extortion exists, law enforcement will forward the case to the local District Attorney’s office.Ī prosecutor from that office will handle prosecuting the extorter and possibly obtaining restitution for the victim. If an individual believes they are being extorted, they should call law enforcement. What Should I Do as a Victim of Extortion? If an individual has been accused of extortion, they should speak to a criminal defense lawyer immediately to learn more about their rights, available defenses, and how to defend against the charges. What Should I Do if I Have Been Accused of Extortion? In the majority of extortion cases, probation is not available unless the extortion was only attempted and was not successful.
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