In California, the criminal offense of extortion is also referred to as blackmail. It is defined as using threats, force, or intimidation to make somebody give you stuff (property or money) or to cause a person to act against their will. There are various extortion-related charges under California law, some of which carry more severe consequences than others, but all are life-altering. Read on to learn the penalties you would face if convicted of an extortion charge. Most importantly, you want to talk to an expert defense lawyer to learn your options if you face extortion charges.

The Criminal Consequences of Extortion Vary Based on the Specific Charges

California law outlines various types of extortion charges, each carrying distinct consequences, including the following:

PC 518, Extortion

PC 518 describes the basic form of extortion under California law. You commit this kind of extortion when you force someone else to part with something (a property, for example) or make them do something via unlawful force or threats. This charge is known as extortion by force or threat, and its best-known form is blackmail. You can also face charges under PC 518 when you make a public official commit an act using illegal force or threats. It is also PC 518 extortion when a public official illegally makes somebody do an act while invoking the official right to do so.

For the judge to convict you of PC 518 extortion, you must have done the following:

  • Threatened or used force against somebody or claimed official right to make somebody do an act when you do not have the entitlement to do so (made the victim act under the guise of official right)

  • Intended to cause the victim to give a valuable thing or commit an official action for you.

  • Made the victim agree to give something valuable to you or do something official, and

  • Caused the victim to give you a valuable thing or do an official act.

This form of extortion is always a felony. A conviction is punishable by four, three, or two years in jail, a court fine not exceeding $10,000, and formal or felony probation. Formal probation will enable you to serve part of your sentence in the community while under supervision. If you violate the conditions of your felony probation, a judge could revoke your probation sentence and make you serve your full sentence.

PC 522, Extorting a Signature

PC 522 criminalizes extorting a signature on documentation that would transfer a right to action, money, or property. This crime is deemed a felony. A conviction of this crime carries two, three, or four years of a prison sentence, a fine not exceeding $10,000, or both imprisonment and a fine. The judge may also impose felony probation, which allows a portion of the sentence to be served outside of custody. Violations can lead to probation revocation and a full prison sentence.

Note that while the basic extortion law necessitates that the involved victim give something of value or commit an action to complete the offense, PC 522 necessitates that the involved victim only sign the extorting documentation. Nothing of value needs to be given, nor does the victim need to perform an act for a conviction to occur under PC 518.

PC 523(a), Extortion By a Threatening Letter

PC 523(a) describes an offense called extortion by a threatening letter. The jury could find you guilty of violating PC 523 if you sent or delivered a letter to somebody, threatening to hurt them, their loved one, or their valuables, intending to obtain property, money, or a formal act from them.

Violating PC 523 is a felony offense. If convicted, the consequences may include two, three, or four years of imprisonment, a fine not exceeding $10,000, or both imprisonment and a fine.

Note that a conviction under PC 523(a) necessitates only the intention to extort official acts or property at the time the letter is received or sent. Unlike the basic form of extortion, the victim under PC 523 need not provide the accused with any property or perform any official acts for them. Provided the threat is in writing, the victim need not consent to committing a formal act or parting with any property.

PC 526, Extortion By Falsified Court Documents

You will be charged under PC 526 when you commit extortion by presenting any falsified document supposedly prepared by a court to obtain any kind of act or valuable asset from the involved victim. If you are found guilty of violating PC 526, the consequences may include:

  • An incarceration period not exceeding one year

  • A fine not more than $1,000

  • Both imprisonment and a fine

Note that the document involved does not require that it be obtained from a court. Also, it will be considered a separate violation every time you present the fraudulent document.

PC 524, Attempted Extortion

PC 524 describes the crime of attempted extortion. You commit this crime when you commit an action that would be deemed extortion, but do not complete it. Law enforcement or anybody else does not need to prevent the attempt. You can merely opt not to proceed with the extortion. Irrespective, if you had already taken a significant step toward completing the offense, the attempt would be deemed complete, and you would have committed the crime. If the circumstances are right, you can even face both extortion and attempted extortion charges.

Attempted extortion is a wobbler offense. A wobbler is a crime that the prosecution can charge as a felony or misdemeanor based on the defendant's criminal history and the case facts. The circumstances of the case allow leeway. If you are found guilty of the misdemeanor crime of attempted extortion, you will be subject to the following consequences:

  • A county jail sentence of up to one year

  • A court fine not more than $1,000

  • Both jail time and a fine

If you are found guilty of attempted extortion as a felony, the consequences may include the following:

  • A prison sentence for three years, two years, or 16 months

  • A fine of not more than $10,000

  • Both imprisonment and a fine

Aggravating Factors Can Enhance Criminal Penalties

Aggravating circumstances can enhance the consequences for extortion. These circumstances include the following:

  • PC 525, extorting an older person and

  • PC 186.22(e)(19), extortion in connection with gang activity.

If you commit extortion in connection with gang activity, your underlying crime will be a strike, punishable per the state’s Three Strikes’ statutes if the proper circumstances exist.

Collateral Consequences of Extortion

Apart from criminal consequences, being convicted of extortion can also subject you to collateral consequences that may follow you for the rest of your life. These consequences include the following:

Permanent Criminal Record

You will have an irreversible criminal record once convicted of extortion. Whether online or on paper, the fact that a court convicted you of an offense will always be there. Any time somebody conducts a background check, the conviction will reflect. When you complete an application, you must admit to the conviction. In short, a conviction is something you will carry into your future. You may think you will successfully expunge or seal your record, but you may not qualify.

Immigration Consequences

You might suffer negative immigration repercussions if found guilty of extortion. California statute labels certain crimes as crimes of moral turpitude. If you are an immigrant and commit any crime of moral turpitude, then you can be subject to deportation or inadmissibility. California courts have ruled that the crime of extortion involves moral turpitude. That means it could lead to unfortunate immigration consequences.

Effect on Firearm Rights

A conviction of extortion can also negatively impact your firearm rights. California law states that a convicted felon must be stripped of their rights to purchase, own, or possess a firearm. Most violations of the extortion laws are felonies. Thus, if convicted of a felony extortion violation, the court will strip you of your firearm rights.

Difficulty Applying to Graduate Programs and Colleges

Many people convicted of crimes attend graduate school and college. However, disclosing an extortion conviction on a program or college application can be detrimental and embarrassing. You could be a good candidate to enroll in the school, yet your criminal background may have tainted your grades or other recommendations. Also, if you do not disclose your criminal record where necessary, the school could reject your application, or you may later be subject to disciplinary problems.

Difficulty Renting a House or an Apartment

Whereas it is unlawful for landlords to discriminate against you, many are careful about renting to people with a criminal record. If you are continuously denied housing, your options for an affordable and safe situation decrease. This can impact you and your family's emotional and physical well-being.

Challenges to Obtaining a Professional License

Part of obtaining a professional license, for example, a lawyer's or doctor's license, is demonstrating impeccable character, and nothing proves that you cannot uphold professional ethical standards. An extortion conviction could prove otherwise. You might have to submit additional evidence to your profession’s board proving you can uphold your profession's standards regardless of your past.

Difficulty Securing Employment or Promotion

Most jobs necessitate background checks and disclosures. A criminal conviction, especially for white-collar offenses like extortion, may disqualify you from government employment or make you an unsuitable candidate for a corporate or government position. While employers should not discriminate against employees and job applicants, their knowledge of your criminal past can make obtaining a promotion or establishing professional relationships challenging.

You May Also Face Civil Consequences

The extortion victim can bring a civil lawsuit to recover any money or property they gave you. This action is prevalently called civil extortion. For the victim to successfully demonstrate civil extortion in civil court, they must show the following:

  • You threatened them to obtain property, services, or money

  • You knew your threats were unlawful or wrong

  • They obeyed your threats or gave you the property, services, or money you demanded

Regarding the last element, note that a victim cannot file a lawsuit for extortion against you if they never actually gave you property or money due to a threat. Whereas you can still face attempted extortion charges, the involved victim cannot bring a suit because they did not give you anything valuable.

In an extortion lawsuit, the victim can present the following pieces of evidence against you to prove extortion occurred:

  • Voicemails, texts, emails, or video recordings showing threats by you

  • Bank records showing that money exchanged hands

  • Statements from eyewitnesses who observed the violation

If the victim successfully proves their lawsuit, they may recover the value of the property, services, or money they paid you and punitive damages.

Remember, civil extortion suits are not dependent on criminal court cases that involve the offense. Whereas the state prosecutes the person suspected of committing extortion, the victim brings a civil suit against the accused to recover the value of any services, property, or money they gave to the defendant during the perpetration of the crime. Extortion victims can sue the suspected responsible party even if they never filed a police report of the offense.

Find a Skilled Criminal Defense Attorney Near Me

There is no doubt that penalties for extortion can be severe. Even worse, these consequences can follow you into your future, affecting your livelihood. You want to consult a skilled criminal defense attorney as soon as possible if you have been arrested or charged. A knowledgeable attorney can help you avoid these penalties by helping you navigate the court process and providing you with legal counsel.

At the Law Office of Sara L. Caplan, we boast attorneys experienced in white-collar crimes like extortion and have been fighting for clients charged in Los Angeles for years. If you come to us with extortion charges, we will strive to strike a favorable deal in plea negotiations if there is compelling evidence against you. If a plea deal is impossible, we will develop a robust defense strategy to obtain an acquittal during trial. We are ready to fight for you and ensure you achieve the best possible outcome. Call us at 310-550-5877 for a consultation.