New Jersey Theft by Extortion Charges
Extortion Defense Attorneys Fighting N.J.S.A. 2C:20-5
New Jersey’s regulations on theft by extortion are contained within criminal code statutes and case law that supply a basis for prosecution. A conviction can harbor big penalties, making it all the more urgent to wrap your head around the different layers of this type of crime, possible defenses if you are facing these charges, and the expansive implications of an extortion accusation. Contact our seasoned team of New Jersey criminal defense attorneys at The Tormey Law Firm for trusted legal counsel and dedicated representation in Montclair, Princeton, Hackensack, Hoboken, Freehold, Morristown, Teaneck, Paterson, Union, Elizabeth, New Brunswick, Middlesex, and across New Jersey. We provide free consultations anytime, day or night, to best serve your needs. Call (201) 556-1570 today.
NJ Theft by Extortion Essentials
In New Jersey, there is a statute addressing extortion, NJ Statute § 2C:20-5, which identifies theft via it as the action of unlawfully obtaining another individual’s possessions using threats. The threats can come across as overt or implied. They usually rest on exploiting a victim’s vulnerabilities. Whether the threats are composed of physical harm, hurting their reputation, or fabricated legal accusations, the underlying theme here is compelling victims to comply.
NJ Courts have interpreted the law broadly covering traditional and modern methods of coercion under the scope of the law. Courts in New Jersey have investigated extortion in a variety of legal matters over the span of decades, offering a look at how the law got its start and gets applied. In State v. O’Neil (1985), the court questioned whether or not threats against property could stand as extortion. The ruling in State v. O’Neil established coercive tactics aren’t required to cause physical harm to a person but can pose threats of property damage, broadening the lens of what is viewed and qualifies as extortion under state law.
The law is versatile and has evolved with the rise of technologies and social behaviors. A threat, sent across text messaging, in an email, or one delivered face-to-face, even carries the same weight in court and under the law. In another case, the court took a close look at the use of cyber or digital forces in extortion. The defendant employed an electronic means of communication to summon money forcefully. Thus, the case revealed how current tech can facilitate threatening or coercive conduct. The court recognized the threats conveyed via emails and texts were just as influential as traditional means and methods, promising the law was on pace with growing forms of communication.
Key Elements in Prosecuting Extortion
Prosecutors will work to prove several elements if they want to secure a conviction for extortion. First, the defendant has to have acted with intent to obtain property or gain some other type of benefit from the victim. Without proving this intent, it would be hard to get the charge to stick. The next element involves revealing the use of threats. The threats are central to the offense, as they are the actual mechanism through which the victim is pressured.
Finally, in the last segment, the defendant’s awareness of their coercive actions plays a big role. The prosecution will try to prove the accused used intimidation to gain something, which again can be any benefit from money to power. A lack of understanding or accidental behavior could undermine the case against the defendant.
New Jersey Sentencing Parameters for Extortion
Penalties for extortion reflect the crime’s gravity and the circumstances covering the particular offense. Extortion is classified as a second degree crime. The severity and classification do not lean on facets like the value of property or the context surrounding the alleged wrongdoing, as is common in other types of theft cases. 2nd degree extortion crimes are among the ones seen as most severe. They are penalized harshly, and convictions can result in sentences of five (5) to ten (10) years in prison paired with large fines of up to $100,000. In addition, these charges are subject to the enhanced sentencing restrictions of the No Early Release Act, which mandates that 85% of the imposed sentence be fulfilled before the incarcerated person comes up for parole eligibility.
Methods to Battle Extortion Charges in Court
Battling extortion charges requires dismantling the prosecutor’s findings, evidence, and interpretation of events associated with the crime. Placing focus on disputing the existence of the threat altogether is one method for combatting the charge. If the alleged intimidation was not straightforward or lacked credibility, the point could become mute, and thus, the case could fall in on itself. Another opportunity to shield yourself from extortion allegations depends on “lack of coercion.” Demonstrating that the victim was, in fact, not compelled to act or that their decision was actually unforced can pretty badly wound the prosecution’s assertion. Similarly, cases involving misunderstandings or mistaken identity may benefit from a mistake of fact defense, showing that the accused did not intend to engage in extortion.
Did you know consent can also operate as a defense? It’s true; If the victim is obliged to provide money or willingly gives property without undue pressure, the accusations may lack merit. While these defenses require extremely careful legal strategy, they emphasize the complicated webbing that makes up extortion cases and the magnitude of investigating all characteristics of the evidence.
Distinguishing Extortion from Other Crimes
When most of us think of theft, we usually think of someone taking property without permission. Being able to distinguish extortion from another crime, like theft, robbery, or fraud, is fundamental. Extortion relies on using threats to get that property or an advantage. Robbery involves immediate physical force or violence, deviating from the delayed implied threats more common in extortion. Alternatively, fraud typically involves deception in place of intimidation or coercion. Such discrepancies might feel minor, but they are far from it as they stress the unique prerequisites of extortion, like its reliance on taking advantage of what people are afraid of and other vulnerabilities they may have that could be exploitable.
Protect Your Rights Against Extortion Charges in New Jersey
Whichever way cut it, an extortion charge can be life-changing, whether with a lengthy prison stint, a huge blow to your reputation, ushering in significant financial instability, or all of the above. A knowledgeable NJ criminal defense lawyer at The Tormey Law Firm can discuss the specifics of your case, pinpoint the gaps in the prosecution’s presentation, scrutinize evidence, and request to have charges lowered or suggest some different options, like unorthodox ones toward sentencing. A case can result in a plea agreement or diversionary program, but many require seriously tough defenses to challenge the harsh allegations. First-time offenders without a criminal charge on their record could invite leniency, but not always; again, it rests on the details of each specific case.
Whatever the circumstances, working with a seasoned criminal defense attorney on our team makes an incredible difference toward achieving the best possible outcome and limiting the damage to your reputation. We defend clients facing theft by extortion charges all over New Jersey, including in Essex County, Passaic County, Union County, Middlesex County, Ocean County, Hudson County, and Bergen County. Receive a free consultation about your extortion case and speak with an attorney today by contacting us at (201) 556-1570.
