Extortion Defense — Louisiana

Posted by & filed under Crimes Defined, White Collar Crime.

 

Louisiana Extortion Criminal Cases

Extortion in the State of Louisiana involves any attempt to gain anything of value by the use of threats.

There are two prongs to an Extortion exchange: 1) A threat must be made and 2) It must have been made with the intent of gaining something, either something of value or some sort of preferential treatment.
It differs from robbery in that a robbery involves a person’s money or possessions being taken by force.

In Extortion the victim is willingly giving an item of value to someone in exchange for not doing something harmful or not revealing certain information.
It also differs from embezzlement in that embezzlement is the misappropriation of another’s property, usually from a trusted person such as, an employee.

Extortion and Embezzlement are both types of White Collar Crimes. The difference is that extortion involves the use of threats, while embezzlement involves the abuse of trust.

No two extortion cases are the same — the threats and circumstances are always different. A good criminal defense attorney will understand these differences and craft a plan to provide you with the best defense possible.

 

Blackmail

When people think of extortion, blackmail is the first thing to come to mind. In a blackmail case, someone threatens to reveal a secret or disgrace, thereby harming an individual or his family. Under Louisiana law, this is a classic case of extortion.

 

Bribing

Extortion can also involve bribing an official by offering money in exchange for a service. The threat does not have to involve a criminal act and does not have to be carried out in order to be considered extortion. A person may be charged with extortion even if he gained nothing.

 

Ransom

See Aggravated Kidnapping

Another type of extortion is holding someone for ransom. This involves one party demanding money from another party in exchange for the safe return of a child, friend or other family member who has been kidnapped.

 

Penalties

In order to be convicted of extortion, the prosecutors must prove that you intended to steal or gain something of value through the use of threats made.

In Louisiana, Extortion is considered a felony offense and carries severe penalties if convicted, including fines, prison, probation, parole and/or restitution.

A felony conviction of this nature will affect you for the rest of your life. Furthermore, a Louisiana Extortion charge could give rise to a federal extortion charge, if the acts were committed via “interstate commerce.”

 

Legal Representation

Many possible defenses may be used in an extortion case. If you are being accused of extortion. contact a New Orleans White Collar Crime Lawyer today.

 

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