What Are Extortion Charges, Their Consequences, And Defences

Extortion is a serious criminal charge in Canada that carries with it the possibility of severe penalties. It involves making threats to another person, usually for financial gain. In some cases, extortion may involve blackmail or even kidnapping and can be prosecuted under federal or provincial laws. If you are facing charges of extortion, it's important to consult with a skilled criminal defence lawyer edmonton who has experience dealing with these types of charges. They can help you understand your rights and defences available to you, as well as the potential consequences if convicted.

What Are Extortion Charges?

Extortion is a type of crime that involves unlawfully obtaining money or property from someone by threatening to inflict harm, typically physical or financial. It can be committed through blackmail, intimidation, or duress. Extortion usually involves the threat of violence or some other form of harm, as well as a demand for payment to stop the threatened action from occurring. Some examples of extortion include threats of physical harm to oneself or family members, damaging property, disseminating private information such as photographs, and threats of legal action.

In Canada, anyone who has been accused of committing extortion may be charged under either federal or provincial laws. Under the Criminal Code of Canada, extortion can lead to both summary conviction and indictment charges depending on the severity of the case. Summary convictions generally carry a maximum penalty of two years imprisonment while indictable offences can result in penalties ranging from 10 years up to life in jail depending on the circumstances surrounding the offence.

It's important to seek legal advice if you are facing charges of extortion so that an experienced criminal defence lawyer can guide you throughout your case. They will understand all available defences and help you build the best possible case for your defence. By consulting with a qualified lawyer, you'll have a better understanding of your rights and be able to make informed decisions about how to proceed with your case moving forward.

What Are The Consequences Of Extortion Charges?

Extortion is a very serious crime with serious consequences. If convicted, an individual could face fines, jail time, and other adverse effects such as a criminal record or restricted rights. For those convicted under federal laws, the minimum sentence is two years in prison and the maximum is up to life imprisonment depending on the circumstances of the crime. In addition to incarceration, a judge may also impose fines and community service, among other punishments.

Those convicted of extortion under provincial law may face up to two years in prison and/or fines ranging from $2,000-$10,000 (or both). In addition to these penalties, offenders may also have their assets seized by police as part of an investigation and be subject to additional conditions after sentencing such as probation or court-mandated community service. For certain cases involving cyber extortion or threats of violence against vulnerable persons such as children or seniors, sentences are often harsher due to the severity of the crime committed.

Consequences for individuals convicted of extortion can also extend beyond jail time and financial penalties. A criminal record stemming from an extortion charge can affect a person’s ability to find employment or travel internationally for long periods. Furthermore, if an individual has been charged with an indictable offence related to extortion they may be subjected to more stringent restrictions upon release such as having their movements supervised by police or being required to remain within specific geographic boundaries.

Defences In Extortion Charges

In an extortion case, an individual can seek legal advice to examine all available defences. In some cases, it is possible to have the charges dropped or dismissed if there is insufficient evidence or if the evidence was illegally obtained. In addition, a defence of duress may be available in certain cases. Duress involves threatening someone with immediate physical harm or death to force them to comply with illegal demands; essentially, they had no choice but to comply and are therefore not guilty of the crime.

In some cases, the accused may be able to argue that the threats were never intended to be taken seriously and that they were made as part of negotiations between two parties rather than a criminal act. Furthermore, an accused person may be able to mount a defence of provocation which states that their actions were caused by another party's words or actions which led them to respond in a particular way. It is important for an accused person seeking any kind of defence in an extortion charge to consult with a qualified criminal defence lawyer who can provide more detailed information about potential defences.

Conclusion

Finally, it may also be possible for an accused person to plead insanity if they were not aware at the time that their actions constituted criminal behaviour due to having a mental disorder or impairment. If this defence is successful then it could lead to hospitalization instead of being found guilty and sent to prison.

However, this type of defence is rarely successful so it is important for those facing extortion charges to seek legal counsel as soon as possible so they can assess all potential defences and come up with the best strategy for their case.

Extortion is a serious crime that carries heavy penalties and consequences, including jail time and hefty fines. It’s important to understand the various defences available in an extortion case so you can ensure your rights are protected if charged with this offence.

Consulting with a qualified criminal defence lawyer is essential as they will be able to provide detailed information about potential defences and help formulate the best strategy for your particular situation. With their assistance, you may be able to reduce or avoid some of the severe repercussions associated with extortion charges.