Possible Penalties for Federal Blackmail or Extortion Charges

Blackmail and extortion are serious federal crimes. At their core, both blackmail and extortion involve using threats to unlawfully obtain money, property, or services from another person. Federal law criminalizes such activity and imposes severe penalties on those convicted of either offense.

As you will see in the following paragraphs, prosecutions of blackmail or extortion cases typically involve more charges related to the crime, each of which carries its own severe penalties. At Stechschulte Nell, Attorneys at Law in Tampa, we believe the law should be understood by everyone in the community, not just professional lawyers.

Every federal statute and the full array of federal criminal procedures have complex exceptions and requirements. If you are charged with blackmail or extortion by the federal government, contact our office for a full analysis of the facts and evidence in your case.

Understanding Blackmail and Extortion

Blackmail typically involves threats to reveal embarrassing or damaging information about a person unless they meet certain demands of the blackmailer, either to pay money or give them some other benefit.

Extortion, on the other hand, involves threats of physical harm, property damage, or other forms of coercion to force the victim to comply. Both crimes are intended to use the target’s fear to motivate their cooperation with the demands being made.

Federal Penalties for Blackmail

Under federal law, blackmail is addressed under 18 U.S.C. § 873. This statute provides that anyone who, under a threat of informing or as a consideration for not informing, demands or receives any money or other valuable thing, shall be fined or imprisoned for not more than one year, or both. The penalty emphasizes the seriousness of illegally using threats to obtain something of value.

Federal Penalties for Extortion

Extortion is covered under 18 U.S.C. § 875-877, depending on the method and scope of the crime. For instance, using interstate communications to demand ransom or extort money is punishable by up to 20 years in federal prison and a fine under 18 U.S.C. § 875(b). If the extortion involves threats to kidnap or injure a person, the penalties increase substantially. A similar threat made through interstate or international communications to either kidnap or injure another person carries a penalty of up to 5 years in prison.

Legal Knowledge and Courtroom Experience in Florida

The federal criminal defense lawyers at Stechschulte Nell have extensive knowledge of the law and federal court experience, effectively defending individuals accused of serious crimes. The firm is committed to using every resource to fight for the preservation of the defendant’s liberty and legal rights. If you are charged with a federal crime in Florida, be sure to consult only with a proven track record of protecting clients from unjust convictions and obtaining the most favorable outcomes the law allows.

Distinctions Between Blackmail and Extortion

While blackmail and extortion may seem similar, their legal distinctions are significant. Blackmail often involves non-physical threats, such as exposing a secret or damaging someone’s reputation. For example, if someone threatens to release compromising photos unless they are paid a sum of money, this constitutes blackmail.

Extortion, on the other hand, generally involves a direct threat of harm or coercion. An example of extortion could be someone threatening to burn down a business unless they are paid protection money. The key difference lies in the nature of the threat—blackmail deals with exposing information, whereas extortion typically involves threats of physical or economic harm.

Similar Federal Offenses

The federal law includes several other offenses similar to blackmail and extortion, each with its own specific statutes:

Hobbs Act (18 U.S.C. § 1951): This statute covers robbery and extortion involving interstate or foreign commerce. The statute provides for imprisonment of up to 20 years.

Racketeer Influenced and Corrupt Organizations Act (RICO) (18 U.S.C. § 1961-1968): RICO targets organized crime and includes penalties for extortionate activities conducted as part of a criminal enterprise. Penalties include up to 20 years in federal prison and expensive fines. However, if the underlying crime committed by the criminal enterprise carries a penalty of up to life, then the RICO conviction is also punishable by a sentence of life in federal prison.

Effective Legal Defenses

Defending against blackmail and extortion charges requires a strategic approach, usually involving one or more of the following defenses:

You Didn’t Actually Threaten Anyone – What you said or did may not have been an actual threat. Without a genuine threat, there’s no blackmail. If you make an idle threat, such as threatening to bulldoze someone’s house, even though you have no access to such equipment and you have no genuine intent to carry out the threat, you are not guilty of extortion.

You Didn’t Demand Anything Valuable – Blackmail requires demanding money or something else of value. If you didn’t make any unlawful demands, then it’s not blackmail or extortion.

It Was Just a Misunderstanding – You may not have intended your words as blackmail. And the “victim” may have misunderstood what you meant. An innocent mistake isn’t a crime.

You Have a Legal Right to the Payment – If you have a lawful right or claim to the money or property you demanded, it may not be illegal blackmail. However, merely because you have a lawful right to payment or possession of some item does not justify or legally excuse the use or threat to use violence to recover the valuables. For a case in point, O.J. Simpson was sentenced to serve 33 years in prison after his Nevada 2007 robbery and kidnapping conviction. He argued that he intended only to recover what was rightfully his. He lost the argument.

Coercion or Duress – If the accused was forced into committing the crime under threat of harm to themselves or others, this defense may be applicable. Establishing that they acted under duress can mitigate or eliminate culpability if there was no genuine opportunity to escape the duress before committing the offense.

Violation of Constitutional Rights – If law enforcement violated the accused’s constitutional rights during the investigation or arrest, such as through unlawful search and seizure, the evidence obtained may be inadmissible in court.

Understanding the penalties for federal blackmail and extortion charges is essential for anyone accused of these crimes. With such life-altering consequences at stake, having the right legal defense is critical. Stechschulte Nell, Attorneys at Law, offer the experience and dedication needed to defend against these serious charges effectively.