Can You Be Charged with a Crime for Extortion in New York?

By Spodek Law Group
July 9, 2024
7 min read
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Can You Be Charged with a Crime for Extortion in New York?

ABSOLUTELY. Extortion is a serious criminal offense in New York that can result in felony charges and severe penalties. At Spodek Law Group, we've seen firsthand how devastating extortion charges can be for our clients. But don't panic - with the help of our experienced criminal defense attorneys, we can fight to protect your rights and freedom.

What Exactly is Extortion in New York?

Extortion, also known as blackmail, occurs when someone uses coercion or threats to obtain money, property, or services from another person against their will. In New York, extortion is primarily charged under the crime of "coercion" or as a type of larceny (theft).Some common examples of extortion include:
  • Threatening to reveal embarrassing information unless paid
  • Demanding "protection" money from a business
  • Coercing someone to perform services by threatening violence
  • Using a position of power to force payments or favors
The key elements are:
  1. Using threats or force
  2. To compel someone to do something against their will
  3. For the purpose of obtaining a benefit

How is Extortion Charged in New York?

Extortion can be charged in several ways under New York law:

Coercion

Coercion in the Second Degree (NY Penal Law § 135.60) - Class A misdemeanor
  • Up to 1 year in jail
  • Fine up to $1,000
Coercion in the First Degree (NY Penal Law § 135.65) - Class D felony
  • Up to 7 years in prison
  • Fine up to $5,000

Larceny by Extortion

Grand Larceny in the Fourth Degree (NY Penal Law § 155.30) - Class E felony
  • Up to 4 years in prison
  • Fine up to $5,000 or double the amount extorted
Grand Larceny in the Second Degree (NY Penal Law § 155.40) - Class C felony
  • Up to 15 years in prison
  • Fine up to $15,000 or double the amount extorted
The specific charge depends on factors like:
  • Value of property/money obtained
  • Nature of the threats used
  • Criminal history of the defendant

What Are the Penalties for Extortion in New York?

The consequences of an extortion conviction in New York can be SEVERE. Potential penalties include:
  • Lengthy prison sentences - Up to 15 years for the most serious charges
  • Heavy fines - Up to $15,000 or double the amount extorted
  • Restitution to victims
  • Felony criminal record
  • Loss of certain rights (voting, firearm ownership, etc.)
  • Professional consequences (job loss, license revocation)
Here's a breakdown of potential sentences:
Charge Classification Maximum Prison Sentence Maximum Fine
Coercion 2nd Degree Class A Misdemeanor 1 year $1,000
Coercion 1st Degree Class D Felony 7 years $5,000
Grand Larceny 4th Degree Class E Felony 4 years $5,000 or 2x amount
Grand Larceny 2nd Degree Class C Felony 15 years $15,000 or 2x amount
As you can see, even "minor" extortion charges can have life-altering consequences. That's why it's CRUCIAL to have an experienced New York criminal defense attorney on your side.

How Can Spodek Law Group Help with Extortion Charges?

If you're facing extortion charges in New York, you need a skilled legal team in your corner. At Spodek Law Group, we have decades of experience defending clients against serious criminal charges like extortion.Here's how we can help:
  1. Case evaluation - We'll thoroughly review the evidence and charges against you to identify weaknesses in the prosecution's case.
  2. Strategic defense - We'll develop a customized defense strategy tailored to the specifics of your case.
  3. Negotiation - When appropriate, we'll negotiate with prosecutors to reduce charges or penalties.
  4. Trial preparation - If your case goes to trial, we'll build a strong defense and fight aggressively for your rights in court.
  5. Mitigation - Even if conviction is likely, we'll work to minimize the consequences and protect your future.
Our attorneys understand the nuances of New York extortion laws and how to effectively challenge these charges. We've helped countless clients avoid conviction or secure reduced sentences in extortion cases.

Defenses Against Extortion Charges in New York

There are several potential defenses we may be able to use in your extortion case, depending on the circumstances:
  • Lack of intent - You didn't intend to extort or threaten the alleged victim
  • False accusation - The alleged victim is lying or exaggerating
  • Insufficient evidence - The prosecution lacks solid proof of extortion
  • Entrapment - Law enforcement improperly induced you to commit the crime
  • Duress - You were forced to commit extortion under threat
  • Constitutional violations - Your rights were violated during arrest or investigation
For example, we recently represented a client accused of extorting his business partner. By thoroughly investigating the case, we uncovered evidence that the alleged victim had actually been embezzling from the company. This allowed us to negotiate for all charges to be dropped.Every case is unique, which is why it's so important to have an experienced attorney evaluate your specific situation. We'll leave no stone unturned in building your defense.

What to Do if You're Accused of Extortion

If you've been accused of or arrested for extortion in New York, take these steps to protect yourself:
  1. DON'T talk to the police without an attorney present. Anything you say can be used against you.
  2. DON'T discuss the case with anyone except your lawyer. Even innocent statements can be misconstrued.
  3. DO contact an experienced criminal defense attorney IMMEDIATELY. Time is of the essence in building your defense.
  4. DO preserve any evidence that could help your case, including texts, emails, or financial records.
  5. DO write down everything you remember about the alleged incident while it's fresh in your mind.
  6. DON'T contact the alleged victim under any circumstances.
  7. DO be prepared for a lengthy legal process. Extortion cases can take months or even years to resolve.
Remember, an accusation is not the same as a conviction. With the right legal representation, you can fight these charges and protect your future.

Why Choose Spodek Law Group for Your Extortion Defense?

When your freedom and future are on the line, you need more than just a lawyer - you need a dedicated advocate who will fight tirelessly for you. At Spodek Law Group, that's exactly what you'll get.Here's why we're the right choice for your extortion defense:
  • Decades of experience handling complex criminal cases in New York
  • In-depth knowledge of state and federal extortion laws
  • Proven track record of successful outcomes for our clients
  • Aggressive, strategic approach to every case
  • 24/7 availability for our clients
  • Compassionate, personalized service
  • Resources of a large firm with the attention of a boutique practice
We understand how stressful and overwhelming extortion charges can be. That's why we'll be by your side every step of the way, explaining your options and fighting for the best possible outcome.Don't face extortion charges alone. Contact Spodek Law Group today at 212-300-5196 for a free, confidential consultation about your case. Let us put our experience and skill to work for you.

Conclusion

Extortion charges in New York are no joke. A conviction can derail your life, leading to prison time, hefty fines, and a permanent criminal record. But with the right legal team on your side, you can fight these charges and protect your future.At Spodek Law Group, we've successfully defended countless clients against extortion and other serious criminal charges. We have the knowledge, experience, and determination to build a strong defense and fight for your rights.Don't wait - the sooner you contact us, the more we can do to help. Call Spodek Law Group at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule your free consultation today. Your future may depend on it.

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Todd Spodek

About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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