Washington law recognizes two degrees of the crime of extortion. These are first degree extortion and second-degree extortion. You commit second degree extortion if you obtain someone else’s property or services and do so by a certain type of threat (for example, a threat to accuse another person of committing an offense). Extortion in the second degree is a felony (as opposed to a misdemeanor), and a conviction may result in a prison sentence of up to five years. Please contact a skilled criminal defense attorney now if you are facing any type of extortion charge.
What is Washingtons’ Law on Extortion in the Second Degree?
RCW 9A.56.130(3) is the Washington statute that sets forth the law on extortion in the second degree. Per this statute, you are guilty of a crime if you:
- Obtain or attempt to obtain another person’s property or services, and
- Do so by means of some type of threat.
For purposes of this statute, a “threat” means to communicate, directly or indirectly the intent:
- To accuse any person of a crime or cause criminal charges to be instituted against any person,
- To expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule,
- To reveal any information sought to be concealed by the person threatened,
- To testify or provide information or withhold testimony or information with respect to another’s legal claim or defense,
- To take wrongful action as an official against anyone or anything, or wrongfully withhold official action, or cause such action or withholding,
- To bring about or continue a strike, boycott, or other similar collective action to obtain property which is not demanded or received for the benefit of the group which the actor purports to represent, or
- To do any other act which is intended to harm substantially the person threatened or another with respect to his or her health, safety, business, financial condition, or personal relationships.
What are the Penalties?
Extortion in the second degree is a Class C felony. The crime is punishable by:
- Custody in state prison for up to five years, and/or
- A maximum fine of $10,000.
In contrast, extortion in the first degree is a Class B felony. The crime is punishable by:
- Custody in state prison for up to 10 years, and/or
- A maximum fine of $20,000.
Can a Defendant Raise a Legal Defense?
Yes. You can contest an extortion charge with a legal defense. A common defense is for you to show that you never made a threat to the alleged “victim.” If you did, you could also try to show that it was not one of the specific types of threats outlined above.
Your criminal defense attorney may also be able to show that the police somehow violated your rights. For instance, maybe your lawyer can show that the authorities:
- Arrested you without probable cause,
- Coerced a confession, or
- Conducted an unlawful search and seizure.
If any of the above, your criminal defense attorney may be able to persuade a judge to reduce or dismiss your charges.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge an extortion charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on a wide variety of extortion related charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!
