You've most likely encountered the term many times "Blackmailing" in different situations, or probably you've heard it in movies, TV Dramas and on the news. However, blackmail is a term that In any state or country is an illegal and serious offense punishable by the law.
Blackmailing offenses are a type of extortion and therefore are processed and covered by the extortion laws. Blackmail consists of threatening someone to do something that would cause that person some kind of embarrassment or financial loss, unless that person meets certain demands.
This type of extortion frequently comprises acquiring property by illegal methods using threats to infringe harm or to reveal some kind of secret information. Under some interpretation of the statutes applied to this crime it states the act cannot be completed without intent of threat or blackmailing and therefore the charges or extortion can not be charged on the alleged accused.
At least one of the following threats must take place in order to be considered blackmailing:
- Accused a person falsely of an offense or a crime
- Divulge delicate information that most likely will cause financial losses
- Reveal private or secret information about a person that is likely to cause them embarrassment or humiliation
- Report a person's involvement or participation in a crime or a felony.
In the state of California (1) Blackmail (Extortion) is commonly charged as a felony deserving of as long as four years in the California State Prison and by a fine of $10,000 .
Statute for Blackmailing in California
The California Penal Code Section 518 to 527 PC deals with blackmailing according to the nature of the offense and circumstances of the case. The prosecution proves the blackmailing as extortion and the court also punishes the accused of this crime under the code of extortion crime in California.
Penalties for Blackmail
The penalties for blackmailing and extortion are the same in California according to California's Penal Code and expressed by the Extortion Law in California.
California Federal Criminal Defense Attorney
Blackmailing is a serious criminal offense in the state of California that can be charged with jail time and even substantial fines; thus, hiring a criminal lawyer is a key factor to assure the best deal against a criminal charge. Do not hesitate to contact the Law Office of Raoul Severo for a free of charge assessment of your case.
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