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Extortion is using force, intimidation, or threats to obtain something. It is illegal under federal and state laws. If you’re facing extortion charges in Phoenix, Arizona, you need an experienced defense attorney to handle your case.
Attorney Craig Orent has over 34 years of experience in criminal law. He has obtained not guilty verdicts for numerous clients, including serious criminal offenses such as first-degree murder, kidnapping, and sexual assault. He is a Board Certified Specialist in Criminal Law by the Arizona State Bar.
Contact our trusted Phoenix extortion lawyer today for help. Call Orent Law Offices for a free consultation to discuss your legal options regarding an extortion charge.
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ToggleExtortion is often referred to as blackmail. Arizona treats extortion charges as serious crimes. Generally, the charges are felony offenses, which can result in a lengthy prison sentence and substantial fines.
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Theft by extortion is the most common type of extortion. Arizona Revised Statutes §13-1804 defines theft by extortion as knowingly seeking to obtain or obtaining services or property using threats to do any of the following:
Theft by extortion is typically a Class 4 felony. However, if a dangerous instrument or deadly weapon is used, the charge is a Class 2 felony.
Arizona Revised Statutes §13-1428 defines sexual extortion as a person knowingly threatening someone with the intent to coerce that person to do any of the following:
Sexual extortion is a Class 3 felony. However, if the victim is under 15 years old, the charge is a Class 2 felony.
The penalties for extortion in Arizona depend on the charges as well as the facts and circumstances of the case as a whole. Generally, a Class 2 felony is punished by up to 12.5 years in prison. A Class 3 felony carries a prison term of up to 8.75 years, and Class 4 felonies can result in a prison sentence of up to 3.75 years.
In addition to a prison sentence, the court may impose a fine of up to $150,000. Sexual extortion could also result in registration as a sex offender.
Extortion convictions often result in collateral consequences for a criminal defendant. You may lose your professional license or have trouble finding employment. Felony convictions also result in the loss of gun ownership rights and voting rights. A criminal record could also cause immigration issues and problems finding housing.
There are several potential defenses to extortion charges in Phoenix. Common defenses include:
Your state of mind is an element in extortion cases. The prosecutor must prove that you knowingly intended to use threats or coercion to obtain money, property, or services. You could argue that you did not intend to threaten someone. Instead, your demands and comments were made as part of negotiations.
The prosecution must have sufficient evidence to prove beyond a reasonable doubt that you committed the crime. You may argue that there is insufficient evidence to link you to the crime or to prove all the legal elements of the crime.
You may claim that you were forced to commit the alleged acts. For example, someone threatened to hurt you or your family if you did not blackmail your boss. Under normal circumstances, you would not have committed the alleged acts.
Your attorney may allege that the police or the prosecutor violated your rights. For instance, law enforcement obtained evidence through an illegal search and seizure. In that case, your attorney would argue the evidence is inadmissible in court.
The alleged victim must have reasonably believed your threat. Your attorney may argue that the context in which you said something would not have made a reasonable person believe you were making a real threat.
If you have any questions about Arizona law or need help with fighting back against criminal charges, contact Orent Law Offices today to schedule a free consultation with an experienced Phoenix extortion lawyer. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028.