Summerville Extortion Lawyer
A charge of extortion, or blackmail as it is called under state law, is a serious allegation and one that can land you in prison for multiple years. Often considered a white-collar crime, any person can find themselves charged with this offense. Forcing another person to do something against their will with the intent to obtain a monetary gain is considered a felony.
An experienced Summerville extortion lawyer knows how to build a defense to the charges against you. You deserve competent representation and a defense crafted to your unique situation.
Understanding Extortion Law
A person can commit an act of extortion against another if they communicate to that other person through print, writing, or verbally. If the communication accuses the other person of committing a criminal offense, would expose or publish personal or business information, or if it would force a person to do something against their will, and the purpose of the accusation is to obtain a monetary gain or service, a charge of extortion may be appropriate.
One of the most important elements of the offense, and often the most difficult for the prosecutor to prove, is the element of intent. A defendant must have intended to extort money, another item of value, or some service from the other person. Simply threatening to reveal such information without the intent to gain this type of reward for themselves is not considered extortion.
If the state prosecutor is unable to prove these elements, the defendant should be found not guilty of the offense. A proper criminal defense can point out the deficiencies in the prosecutor’s case to the jury and possibly prevent a conviction.
Penalties for Extortion Under State Law
Extortion and blackmail are considered very serious offenses. Under state law, a person convicted of this offense may face up to $5,000 in possible fines and could even be put in prison for up to ten years. This is a felony offense, which means that if convicted a defendant will also lose certain constitutional rights.
A criminal history with a felony conviction can make it incredibly difficult to gain employment in the future, as this offense will show up on a routine background check. It is crucial that every person defend themselves against extortion charges.
Preparing a Defense: Working with a Skilled Defense Attorney
A qualified defense attorney knows how to prepare a defense that is created specifically for the case at hand. Every defense requires investigation into the facts of the case and an analysis of law enforcement’s tactics. With the right investigation, flaws in the evidence or investigation may be revealed.
Possible defenses for extortion charges include, but are not limited to:
- Filing a suppression motion to exclude certain types of evidence
- Presenting reasonable doubt
- Show that the accusations were not with intent to obtain money or services
- Challenge the prosecutor’s ability to prove the elements beyond a reasonable doubt
There are many more defenses available depending on the situation. A skilled defense lawyer knows how to craft the correct defense for the situation.
Consult an Extortion Attorney in Summerville
If you face charges of extortion or blackmail in Summerville or the surrounding areas, you need to fight back with everything at your disposal. This felony charge could result in up to a decade in prison, so it should not be taken lightly.
An experienced Summerville extortion lawyer can present a defense to your charges. Schedule a consultation today to get started.