Newark Extortion Lawyer
Newark Extortion Attorney
When you’re facing an extortion charge in New Jersey, you need an attorney who understands how high the stakes are. The threat of a ruined reputation, significant fines, and prison time is real, but it does not need to define your future. Our Newark extortion lawyer can provide a strategic defense to protect your rights and your freedom.
Why Choose LGR Law LLC?
With experience in handling over 1000 criminal cases, including jury trials, LGR Law LLC can provide the quality representation you need now. LGR Law LLC understands New Jersey extortion laws, has assisted numerous clients in extortion cases, and is prepared to provide personalized attention to your case.
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What Is Extortion?
Newark has an overall crime rate of 38.58 per 1,000 residents, which is higher than the country’s average of 33.37. This crime rate includes extortion. Extortion is the act of obtaining money or property from someone through the use of force or threats. You can be charged with extortion even if you do not actually receive any money or property from the alleged victim, as the crime is in the threat itself.
For a charge to stick, a direct threat is not even necessary. The threat can be implied, where a person’s words or actions suggest harm will come to the victim if they don’t comply. This means that even subtle, indirect threats can be enough to constitute a crime. New Jersey statute N.J.S.A. 2C:20-5 addresses a number of different sorts of threats, including:
- Physical harm or restraint. You can’t threaten to injure, physically confine, or commit any other crime against a person to get their property.
- Criminal charges. It is illegal to threaten to accuse someone of a crime or to press charges against them.
- Exposing secrets. You can’t threaten to reveal a secret that could make someone an object of hatred, ridicule, or contempt. This also applies to things that could damage their business or reputation. This is often referred to as blackmail.
- Action as a public official. If you’re a public official, you can’t use your position to threaten or withhold action to obtain property.
- Testimony. It is illegal to threaten to testify against someone (or to withhold testimony) to get their property.
- General harm. You can’t threaten any other action that is calculated to materially harm another person in an attempt to get their property.
Penalties for Theft by Extortion in New Jersey
Unlike other theft offenses, where the charge is based on the value of the stolen property, theft by extortion is always a second-degree felony. This means the charge can hold penalties like a potential prison sentence and fines. A conviction for a second-degree crime in New Jersey always comes with a presumption of incarceration, which means that even first-time offenders are likely to face some prison time.
Theft by extortion is also subject to the state’s No Early Release Act (NERA), which mandates that anyone convicted of this crime must serve 85% of their sentence before being eligible for parole. This means that if a person received the minimum 5-year prison sentence, they would be required to serve at least 4 years and 3 months before they can be released.
Defenses Against Extortion Charges
A strong defense is necessary if you have been charged with extortion. While your case’s specific strategy depends on the facts of your situation, common defenses a lawyer may use against extortion charges include:
- Lack of unlawful and purposeful intent. In order to be convicted of extortion, the Essex County Superior Court or the U.S. Attorney’s Office for the District of New Jersey must prove that you “purposely and unlawfully” obtained property from another person by making a threat. Your legal team could argue that you lacked this purposeful and unlawful intent.
- Honest claim of right. New Jersey law provides an affirmative defense to extortion charges if you were trying to get something back that was rightfully yours.
- The threat did not meet the legal definition of extortion. The prosecution must prove that the threat made falls into one of the specific categories outlined by state statute. A defense may be to argue that the alleged threat does not fit into any of these specific definitions.
- Challenging the elements of the crime. The prosecution must be able to prove extortion beyond a reasonable doubt. A defense attorney can challenge their arguments or evidence.
FAQs
Q: What Qualifies as Extortion Under New Jersey Law?
A: Extortion is a form of theft. It is when a person unlawfully obtains property from another through threats. The threats may be to inflict bodily harm, accuse someone of a crime, expose a secret that may ruin their reputation or life, or misuse an official position. The defining factor of what makes it extortion is that it was done to get something of value from the alleged victim.
Q: How Is Extortion Different From Theft or Robbery?
A: Extortion is different from theft or robbery due to the type of threat that is used. Theft is the unlawful taking of property without using force or threats, such as shoplifting and robbery, which is taking property from a person while using immediate force, such as mugging. Extortion is obtaining property through future threats.
Q: What Are the Penalties for Extortion in New Jersey?
A: Extortion is always classified as a second-degree felony in New Jersey, no matter the value of the property involved. A conviction can carry a penalty of five to ten years in state prison and a fine of up to $100,000. On top of that, extortion falls under the NERA, so if you are convicted, you must serve at least 85% of your sentence before becoming eligible for parole.
Q: Will I Have to Go to Trial for Extortion Charges?
A: Extortion charges do not always go to trial. Many cases can be resolved through a plea bargain. A plea bargain is an agreement in a criminal case where the defendant pleads to a lesser charge or receives a lighter sentence in exchange for not having to go to trial. You should discuss your situation with a Newark extortion attorney who can strategize the most effective approach for your case.
Hire an Extortion Lawyer
It is a serious matter if you have been accused of extortion. Your next step should be to hire an extortion lawyer who can review the details of your case, explain the charges against you, and advise you on potential defenses and other legal options. When you have a knowledgeable lawyer on your side, your chances of a positive resolution significantly increase. Contact LGR Law LLC to schedule a consultation and discuss your case in detail.
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