Miami, FL Extortion Attorney

Lawyer for People Accused of Extortion in Miami, Florida

Allegations that someone obtained money or property through threats or coercion could lead to charges of extortion. These accusations can lead to serious penalties, and convictions for extortion may result in lengthy prison sentences and substantial fines. Extortion cases often involve disputed interpretations of communications, business negotiations that one party claimed were threats, or situations where defendants believed they were taking legitimate steps to collect debts or resolve disputes. The line between a lawful demand for payment and criminal extortion can be unclear, and people may sometimes face charges for conduct they believed was legal.

Stroleny Law: Criminal Defense Attorney can defend people facing extortion charges in Miami. We understand the nuances of these cases and the various reasons that extortion charges may arise. Extortion allegations may be based on business disputes, debt collection activities, or communications that were taken out of context. Our attorney will thoroughly investigate the circumstances of these accusations and present defenses while fighting to protect our clients' rights.

Extortion Charges in Florida

Florida law addresses extortion in Florida Statutes § 836.05, which states that someone could be charged with this offense if based on accusations that they threatened to accuse another person of a crime or offense, threatened to injure someone or damage their property or reputation, or threatened to expose a person's secrets. These types of threats may lead to criminal charges if they were done with the intent to extort money, gain a financial advantage, or force someone to take an act against their will.

To convict someone of extortion, prosecutors must prove that the defendant made a threat and that the threat was made maliciously. They must also show that the defendant acted with a specific purpose as detailed in the law, either for financial gain or to compel the victim to take actions that they would not take otherwise.

The key distinction between legitimate demands for payment and criminal extortion is the nature of the threat and whether the demand was lawful. Threatening to file a legitimate lawsuit or report criminal conduct to the authorities typically does not constitute extortion. However, accusations of threatening physical harm, making false accusations, or using threats to obtain payments beyond what is legally owed could result in criminal charges.

Situations That May Lead to Extortion Charges

Debt collection disputes are a common reason for extortion accusations. Creditors or collection agencies may be accused of using threatening language or demanding amounts that were not actually owed. Threats to physically harm debtors, to damage their reputations, or to falsely accuse them of crimes can cross the line from permissible collection activities to criminal conduct.

Business disputes can lead to extortion charges if one party is accused of threatening to expose damaging information unless the other party makes payments. A former employee who threatens to reveal company secrets unless provided with a severance package, a business partner who threatens to make false accusations unless they are bought out at an inflated price, or a contractor who threatens negative publicity unless they are paid more than the agreed amount for work could be charged with extortion.

Employment disputes could result in employees being charged with extortion. Employees may be accused of threatening to make false complaints to regulatory agencies unless they are given raises or promotions. Former employees may be charged with threatening to expose trade secrets unless they are paid compensation. Managers may be accused of demanding payments from subordinates to prevent termination.

Blackmail schemes involving threats to expose embarrassing information may also constitute extortion. Someone who discovers another person's infidelity, criminal conduct, or other secrets and demands payment to keep could be accused of extortion. These cases may involve allegations of threats to share information with spouses, employers, or the public unless victims pay.

Romance and relationship disputes can sometimes result in extortion charges. When relationships end badly, one party may threaten to share intimate photographs or videos unless the other party pays money, returns property, or takes other actions.

Online extortion has become increasingly common in recent years. People may be accused of hacking into computer systems and threatening to release or delete sensitive data unless ransom is paid. Cases may also involve threats to post damaging information on social media unless victims comply with a person's demands or creating fake negative reviews and demanding payment for the removal of these reviews.

Federal Extortion Charges

Federal law may also address extortion in certain cases. The Hobbs Act (18 U.S.C. § 1951) prohibits extortion affecting interstate commerce. A person who obtains property through threats of force or violence could be charged with extortion. Under this law, a person who is convicted of extortion could be sentenced to up to 20 years in prison.

18 U.S.C. § 875 also prohibits extortion based on threats to kidnap or injure someone. When threats are sent through interstate commerce, which may include communications over the internet, through the mail, or using phones, federal charges may apply. Convictions under this statute may also result in prison sentences lasting up to 20 years.

Defense Strategies Against Extortion Charges

Our attorney may be able to help defend against accusations of extortion by showing that demands were lawful. He can present evidence showing that a person had a legitimate right to the money or property demanded, that threats involved lawful actions such as filing legitimate lawsuits, or that communications were part of permissible business negotiations.

The distinction between threatening to pursue legal remedies and criminal extortion can be crucial in criminal cases. Informing someone that you will file a lawsuit to collect a debt, that you will report criminal conduct to authorities, or that you will exercise your legal rights does not constitute extortion, even if this could be considered a threat. Our lawyer can help demonstrate that communications did not involve illegal extortion.

It may also be possible to challenge whether threats were actually made. Communications can be misinterpreted or taken out of context. Our attorney can present evidence showing what was actually said or written and demonstrate that no unlawful threats occurred. Witness testimony, recordings, message threads, and other information related to communications can help establish the truth.

If a person did not intend to obtain money or property through threats, or if they believed that their demands were legitimate, this may serve as a defense against accusations that they intended to extort someone. Our lawyer can present evidence that a person had a good-faith belief in the lawfulness of their demands.

Contact Our Miami Extortion Lawyer

Extortion charges may be related to misunderstood communications or legitimate business activities that were misidentified as criminal conduct. At Stroleny Law: Criminal Defense Attorney, we have a thorough knowledge of the laws that may affect extortion cases, and we can develop effective strategies when defending against a conviction. Contact our Miami, FL extortion defense attorney at 305-615-1285 to schedule a free consultation.