Extortion: Threat With the Intent to Gain
According to LA RS 14:66, the statute covering extortion in the Louisiana legal code, extortion in the state of Louisiana is any attempt to gain anything of value or any kind of preferential treatment through the use of threats. Several different types of threats can lead to an extortion charge, including:
- Threats to do any unlawful harm or cause physical injury to a person or their loved ones
- Threats to accuse a person or their loved ones of a crime
- Threats to expose a person’s “deformity or disgrace”, or threats to impune any such deformity or disgrace
- Threats to expose any secrets affecting the accused individual or their loved ones
- Threats to do any other harm
As you can see, there are two key elements in an extortion charge. First, a threat must have been made. Secondly, it must have been made with the intent of gaining something, either an item of value or some form of preferential treatment. Beyond these two key elements, however, a wide variety of particular conditions exist. No two Louisiana extortion cases are identical, as the alleged threats, victims, and circumstances are always different. The extortion defense attorneys at New Orleans’ Bloom Legal provide the personalized attention necessary to build the defense appropriate to your case.
While we usually think of it as a unique crime, in Louisiana, blackmail is a form of extortion. In a blackmail case, you are being charged with threatening to expose a secret or a disgrace, in order to receive something in return. According to Louisiana extortion law, that is a classic case of extortion.
Extortion in Louisiana is a felony. If convicted of this crime you will face between one and fifteen years in prison and will have to disclose your felony conviction in any future employment applications or background checks. Additionally, if certain conditions are present, your Louisiana extortion charge may be compounded by a federal extortion charge, if, for example, it was committed through any medium of “interstate commerce”. Whether you need a Louisiana state or a federal extortion defense attorney, New Orleans’ Bloom Legal is here to represent you.
Difference Between Extortion and Other Louisiana Crimes
Since it is a type of theft, extortion very closely compares to other crimes, particularly robbery and embezzlement.
Unlike robbery, extortion in Louisiana does not involve the actual use of force in the taking of another’s possession. In both simple and armed robbery, the victim’s possessions must be stolen by force or intimidation, against the victim’s will. In extortion, however, no force is used. Theft by extortion instead involves the threat of force, or a variety of other threats.
Embezzlement in Louisiana is theft through the misappropriation of another’s property, frequently from a trusted position as employee or helper. Like extortion, embezzlement is a type of white collar crime. But unlike embezzlement, extortion involves the use of threats, while embezzlement involves the abuse of trust.
Unlike most other types of theft, however, Louisiana extortion law does not require a person charged with extortion to have actually stolen any money. In order to be charged with extortion, you only need to have made a threat with the intent of gaining something. This means that you may be charged with extortion even if you gained nothing. But this also means that in such cases prosecutors must prove that you intended to steal or gain something through the use of any threats made. In defending you for your Louisiana extortion charge, the criminal defense attorneys at Bloom Legal will conduct their own investigation to determine whether or not prosecutors have enough evidence to prove that you intended to gain something, or whether the charges should be reduced, dismissed, or dropped.
New Orleans’ Bloom Legal, Providing Dedicated Louisiana Extortion Defense
Wherever you are in Louisiana, Bloom Legal has the resources to work with you. Centrally located in the heart of downtown Louisiana, we work with clients from across the New Orleans-Metairie-Kenner metropolitan area, including:
- Metairie, Kenner, Gretna, and the rest of Jefferson Parish
- Slidell, Covington, and the rest of St. Tammany Parish
- Chalmette, Arabi, and St. Bernard Parish
- LaPlace and St. John the Baptist Parish
- Des Allemands, Hahville, Destrehan, and the rest of St. Charles Parish
- Elsewhere in Southeast Louisiana
Many different defenses may be used in your Louisiana extortion case. At New Orleans’ Bloom Legal, we will work with you to make sure we do everything we can to protect your rights and your freedom throughout your case. We will negotiate to have your charges or your sentence reduced, and will try the case if necessary. Call us today at 504.599.9997 to schedule a consultation with a New Orleans extortion defense attorney.
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Posted by: Tyler Ales