Charged with extortion?
Extortion, a crime that lurks in the shadows of coercion and intimidation, has far-reaching implications that can turn an innocent exchange into a criminal offense. Defined under Georgia law as unlawfully obtaining property through threats, extortion covers a wide range of coercive tactics, from physical harm to public shaming. This article delves into the intricacies of extortion as outlined in O.C.G.A. § 16-8-16, exploring the various forms it can take, the severe penalties it carries, and the defenses available to those accused.
Definition
In simple terms, Extortion means to coerce someone into giving you property, including money. In Georgia, Extortion is defined under O.C.G.A. § 16-8-16(a):
“A person commits the offense of theft by extortion when he unlawfully obtains property of or from another person by threatening to:
- Inflict bodily injury on anyone or commit any other criminal offense;
- Accuse anyone of a criminal offense;
- Disseminate any information tending to subject any person to hatred, contempt, or ridicule or to impair his credit or business repute;
- Take or withhold action as a public official or cause an official to take or withhold action;
- Bring about or continue a strike, boycott, or other collective unofficial action if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or
- Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense.”
Extortion will typically play out with the Defendant being accused of communicating something to the effect of “If you don’t give it to me, I will _____”. The blank can be filled in with anything that is criminal, defamation, threats to testify/not testify, abuse governmental power, or go on strike. However, Georgia prosecutors have rarely (if ever) criminally prosecuted Defendants for striking against their employers.
Punishments
Violation of the Extortion statute is a Felony punishable by 1-10 years of imprisonment. The full text of the statute governing punishment for Extortion is found under O.C.G.A. §16-8-16(d): “A person convicted of the offense of theft by extortion shall be punished by imprisonment for not less than one nor more than ten years.”
Defenses
There Was No Threat. The heart of the Extortion statute is the making of a threat. Therefore, the prosecutor must prove beyond a reasonable doubt that a threat was made. Depending on the nature of the alleged threat, a skilled Defense Attorney can persuade the jury that the communication was not intended to be a threat.
It Was Owed To Me. O.C.G.A. §16-8-16(d) provides a defense that is specific to this statute. This defense will shield the Defendant from prosecution if the property obtained was honestly claimed as restitution for harm done or as compensation for property or lawful services.
Convert the Felony into a Misdemeanor. If all else fails, skilled Defense Attorneys will utilize legal tools to minimize the impact of a conviction under this statute. Allows the judge to impose punishment as a Misdemeanor when the maximum sentence of the Felony is ten years or less under O.C.G.A. §17-10-5.
Case Law
In State v. Cohen, both the Defendant and her Attorney were charged with Extortion under the defamatory threats subsection (O.C.G.A. § 16-8-16(a)(3)). The Defendant worked for a wealthy married man, and began a sexual relationship. She eventually decided to file a civil lawsuit against her employer on the grounds of sexual harassment and sexual assault.
To collect evidence, the Defendant concocted a plan with her Attorney to secretly record the employer naked and performing sexual encounters with the Defendant. The Attorney then met with the employer and showed him the videos, and told him that the Defendant wanted millions of dollars in settlement “so that the employer may avoid potential media attention, intrusive governmental investigations, Department of Justice, Attorneys General or SEC involvement, as well as civil and criminal charges.”
The Court found that “From [the communications described], the alleged threat here was to file a lawsuit against the employer and use the video as evidence in a court of law in the context of possible litigation. The indictment does not allege any threat (express or implied) to release the information to anyone outside of the potential court proceedings if Rogers did not pay Brindle a certain amount of money.” Therefore, the prosecution could not move forward with this charge. This is an example of the “it wasn’t a threat defense”.
The Court also noted, however, that if the Defendants had been charged with threatening baseless litigation as a means of unlawfully obtaining property from the employer, this might serve as a proper basis for a charge of Extortion. However, the Defendants would still have an opportunity to defend against such an accusation at trial by proving that they had an honest claim to the property in question. This would be an example of the “It was owed to me” defense.
CONTACT BIXON LAW TODAY
If you have been charged with Extortion or a similar crime and need the best Atlanta Criminal Defense Attorney, give Bixon Law a call today to speak to one of our experienced Georgia Criminal Defense Lawyers. We will vigorously defend your criminal defense rights, and advocate on your behalf to have your criminal case dismissed or your charges reduced. As experienced trial attorneys, we are not afraid to take your case to trial if necessary. We represent clients in Atlanta and throughout the state of Georgia. We are lawyers who are committed to helping people in difficult situations, and we invite you to call us at (404) 551-5684 for a free consultation on your case today.