What is extortion? The Revised Code of Washington states that “Extortion means knowingly to obtain or attempt to obtain by threat property or services of the owner, and specifically includes sexual favors.” RCW 9A.56.110. Extortion has different degrees of punishment, based upon the type of threat made. A Washington criminal defense attorney can explain in more detail extortion and what it entails.
Extortion in the first degree: A person may be charged with extortion in the first degree if the extortion is committed by means of a threat. A threat means there has been communication of the intent to cause bodily injury to a person, physical damage to the property of another, or physical confinement or restraint of another. Extortion in the first degree is a first degree class B felony.
Do not hesitate to contact us if you are dealing with an extortion issue.
Extortion in the second degree: This involves extortion by a wrongful threat. A wrongful threat includes communicating an intent to:
- accuse someone of a crime or cause criminal charges to be brought
- expose information which subjects someone to hatred, contempt or ridicule
- reveal secret information
- testify or withhold testimony about a legal issue
- take or refuse to take official action
- bring about or continue a strike or boycott
- doing any act that is intended to harm another’s relationships.
Extortion in the second degree is a class C felony.
Extortion can arise even in situations where you obtain something that is rightfully yours. In the 2003 Washington Supreme Court case, State v. Pauling, the court explained that even if someone is legally entitled to the property, if you obtain the property by threat you may still be charged with extortion.
If you are charged or accused of extortion, contact a Washington criminal defense attorney immediately. A lawyer can explain the extortion elements and advise you as to your rights and defenses. Sometimes, there may be facts constituting a defense to your case. Also, there may have been violations committed by law enforcement that may prevent evidence from being considered. A Washington criminal defense lawyer can represent you if charges are brought and guide you through the complicated court process.