Facing Domestic Violence Emotional Blackmail & Coercion Charges in New York?
Are you being prosecuted for domestic violence emotional blackmail & coercion charges in New York? Learn more about why your defense must begin now.
Domestic Violence Emotional Blackmail Charges
Individuals who find themselves wrapped up in a toxic, violent, or controlling relationship, whether in a personal context or even an employment-type scenario, may experience issues with emotional blackmail or coercion. To be sure, many situations arise where an individual claims to be a victim of a sexual assault or domestic violence only to turn around and threaten to expose another person should a sum of money not be paid.
In New York, blackmail is generally addressed under the laws relating to extortion. While the term "blackmail" isn't specifically defined in the penal code, it involves similar elements like obtaining property or services through threats.
Blackmail typically involves threatening to reveal information (true or false) about someone unless they pay money or provide some benefit.
Common examples include threatening to disclose embarrassing personal information, or threatening to accuse someone of a crime unless they pay a certain amount.
Domestic Violence Coercion Charges
In New York, blackmail is generally addressed under the crime of "coercion", with the relevant statute being Penal Law § 135.60, which defines and criminalizes coercion.
- Coercion Defined:
- Coercion involves using threats to compel someone to take an action or refrain from acting, where the threat is intended to control the person’s behavior.
- Elements of Coercion:
- A person is guilty of coercion if they:
- Threaten to commit a crime or expose a person to criminal liability, or
- Threaten to reveal information about the victim that would cause harm to their reputation, business, or personal relationships.
- The threat is made with the intent to compel the victim to do something, refrain from doing something, or forbear from an action.
- A person is guilty of coercion if they:
- Degrees of Coercion:
- Coercion in the First Degree (Penal Law § 135.65): This is a class D felony, and it occurs when someone uses a threat to:
- Cause harm or terror to the victim or their family, or
- Threaten to reveal information that would cause significant harm or distress.
- Coercion in the Second Degree (Penal Law § 135.60): This is a class A misdemeanor, and it involves threats of physical injury, damage to property, or to reveal personal information that would harm someone's reputation, career, or social relationships.
- Coercion in the First Degree (Penal Law § 135.65): This is a class D felony, and it occurs when someone uses a threat to:
- Blackmail as a Form of Coercion:
- Blackmail typically involves threatening to reveal damaging or embarrassing information about a person unless they meet certain demands. Under New York law, this would likely be considered coercion if the threat is designed to make the victim act against their will.
- Blackmail may also overlap with extortion (which is another crime involving the use of threats for personal gain).
How We Fight Domestic Violence Emotional Blackmail & Coercion Charges in New York
Our office has worked on both sides for individuals involved with blackmail or coercion charges. From a defense standpoint, it is critical to dissect the history of the relationship, especially if there have been any past exchange of benefits between both parties which was not deemed or considered criminal in the past.
From a victim’s standpoint, we have represented those who are being blackmailed and who need assistance with filing charges with law enforcement and prosecutors. The same thorough investigation is required in order to neatly outline for the NYPD how exactly the blackmail took place and why the conduct fits with niche law and elements of these charges.
Possible Sentencing & Penalties in New York
As mentioned, the relevant statutes fall under Penal Law § 155.05, which covers extortion. Threats to reveal information can qualify as extortion if they are used to coerce someone. Blackmail/Extortion can be classified as a Class B felony, which can result in serious penalties, including imprisonment for up to 25 years, depending on the circumstances.
Coercion in the First Degree (Penal Law § 135.65): a class-D felony, a conviction to this crime could carry up to seven years’ imprisonment in some cases. However, if it is the person’s first offense and the correct mitigation material is presented, a probationary sentence could also be granted.
Coercion in the Second Degree (Penal Law § 135.60): this is a class-A misdemeanor, punishable by up to one year in jail. A creative and thorough defense lawyer should be able to persuade a judge or a prosecutor to hand down a non-jail sentence, such as probation or community service.
Examples and Related Cases
A classic and common blackmail occurs when, in an intimate relationship, one partner shares sensitive pictures with the other. The recipient of these photos may use them in the future to blackmail the sender, threatening to circulate the pictures in the media, at the workplace, or to others in the social circle. This is a form of blackmail which happens all too often and requires a lawyer and a private investigator to successfully defend against such charges or to help the victim bring such charges to law enforcement.
Your Defense Begins Today
Should you find yourself being blackmailed or coerced emotionally, it is imperative that you have an experienced defense lawyer to handle every aspect from start to finish. Our firm has defended against these charges in the past, achieving both pre-trial dismissals and trial acquittals by implementing and pursuing strategic and creative defenses. Please contact The Law Offices of Jason Goldman today.
