Two days before Christmas, a Waxhaw man was charged with extortion for stealing someone's personal information; the 40 year old man then blackmailed them to send $1,000 via the mail. Extortion is a phrase that is commonly heard in society; if you have been charged with extortion it is important to obtain legal counsel and to understand the charges so that you can understand what steps to take in your legal proceedings. According to one source, extortion is threatening someone in order to secure property or financial compensation for their loss. Extortion is a white collar crime and in California can include any of the following threats:

• Violent actions to someone's friends and family;
• Destroying someone's reputation;
• Property hazards; and
• Unlawful government actions

In certain states like New Orleans, blackmail is also another form of extortion, One source clearly explicates that in order to be accused of extortion all you need to do is verbally threaten someone. This means that even if you gain nothing from the threat, you may still legally be charged with extortion. It is important to distinguish extortion with other type of theft since extortion can be closely related or confused with theft. In certain states, there may be different rulings, but in Louisiana they are distinguished.

Extortion is not a crime that requires force, so it can be clearly differentiated from armed robbery where someone would use force to take property against another person's will. Also, embezzlement is similar to extortion but can have different consequences than extortion and includes misappropriation of another person's property. An example of this could be spouses who are living in different locations but are still legally wed.

In a blackmail case, the penalty is 15 years in prison which would be seen on any pending occupational background checks. Also, should you be charged with extortion through interstate commerce, there can also be harsher punitive actions; if you are charged with a federal extortion, it may be compounded with an extortion charge in Louisiana. In other states, if convicted of extortion, a person could receive 20 years in prison as well as numerous heavy fines; some as high as $10,000. Also, some other penalties could include restitution of any money received from the unlawful transaction as well as prison sentences, and probation or parole.

In order for a jury to find you guilty of extortion they must prove two things. First, they must prove that the threat took place; second they must use evidence to support the premise that the threat was made in anticipation of profit at the other person's expense. Therefore, a skilled criminal defense attorney should have the knowledge needed to provide the appropriate defenses for the charges. Some of the following defenses includes but are not limited to:

• Evidence being insufficient;
• An insanity plea;
• Not being able to provide an intent;
• Inebriation; or
• Incapacity

You may also discuss the possibility of no contest. When a defendant pleads no contest, charges may be lightened or even dropped based on the particulars of the case. If pleading no contest, the judge and jury must also acknowledge and give the prosecuting lawyer and your legal representative permission to discuss the terms. The terms are usually discussed behind closed doors via telephone by the attorneys. Once an agreement from both sides has been made, the lawyer will then read the charges to the court room to make them official. Whether you plead no contest or use one of the many defenses in your case, it is important to start the legal process as soon as possible to be ready for your trial; contact an attorney today.