Facing Domestic Violence Extortion Charges in New York?

Domestic Violence Extortion 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 extortion. 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, extortion is primarily addressed under Penal Law § 155.05(2)(e), which defines it as obtaining property from another person through threats of violence, threats to damage property, or other forms of coercion. Extortion involves using threats to compel someone to give up property, services, or benefits.

While extortion is typically viewed as a form of larceny, it’s specifically addressed under the definition of larceny by extortion. This is a criminal act that involves obtaining property from another person through the use of threats, force, or coercion.

Larceny by extortion occurs when someone:

• Intentionally obtains property from another person,
• By means of a threat to:
  • Cause physical injury to another person or damage to their property,
  • Impair or threaten to impair the person’s reputation or credit,
  • Commit any other criminal act,
  • Reveal information about a person that would expose them to criminal or civil liability (or subject them to ridicule).

This means that the crime of extortion in New York involves the use of threats to take money, property, or any other form of valuable consideration from another person.

Key Elements of Extortion:

1. Threat: The central element of extortion is the use of a threat. The threat can involve:
   • Physical harm (e.g., threatening to injure someone),
   • Destruction of property,
   • Damage to someone’s reputation (e.g., threatening to reveal embarrassing or compromising information),
   • Criminal actions (e.g., threatening to falsely accuse someone of a crime),
   • Exposure of secrets (e.g., threatening to reveal private or damaging information).
2. ‍Intent: The person must act intentionally. This means they must have the purpose of obtaining property or money from someone through the threat.‍
3. Property: The property or money taken must be obtained by the threat. "Property" here could be tangible (e.g., cash, goods) or intangible (e.g., access to sensitive information, silence in a criminal case).

How We Fight Domestic Violence Extortion Charges in New York

If you are facing extortion charges in connection with a domestic or intimate relationship, there are certain steps that a creative defense lawyer can take to get ahead of the investigation or prosecution. Most importantly, a defense lawyer should work with a private investigator and/or forensic team to gather as much information as possible about the relationship history. This can include emails, texts and other forms of communication.

Similarly, a private investigator can assist with digging up impeachment information as it relates to the complaining witness, which can prove useful later on during court proceedings. From a legal standpoint, a defense attorney should be ready with pertinent caselaw especially as it relates to the more arcane points of law surrounding the elements of extortion.

Possible Sentencing & Penalties in New York

Extortion is typically classified as a Class B felony, which can result in significant prison time and fines, depending on the severity and circumstances of the crime.

Some forms of extortion can even carry in excess of ten years’ imprisonment if some aggravating circumstances are at play. Indeed, often times, coupled with extortion itself, individuals may face lesser-included charges such as identity theft, larceny, and unlawful surveillance, all of which can greatly enhance the penalty exposure. 

Examples and Related Cases

A classic example concerns two individuals who have been in an intimate relationship at the workplace. One individual (victim) may have confided in the other (defendant) about stealing from the company. A few weeks later, victim attempts to stop the relationship and defendant, in turn, says that the only way the relationship is ending is if victim pays defendant $10,000, otherwise defendant will tell the company about the victim’s wrongdoing. This in and of itself would subject defendant to potential extortion charges.

Your Defense Begins Today

Should you find yourself being extorted in a domestic setting, 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.