Extortion Defense Attorney in Michigan
Allegations of threats made to induce the payment of money are given preference by law enforcement, courts, and prosecutors. Because prison time is likely upon a conviction, there is no room for a weak defense.
What is Extortion under Michigan Law
Extortion is malicious communication threatening to accuse another of any crime or offense, or a communication threatening to injure a person or property with intent to obtain money, something of value, or compel someone to do or not do something. The potential punishment for an extortion conviction is up to 20 years in prison and not more than a $10,000.00 fine. Michigan’s top extortion defense attorneys will do whatever it takes to get charges dismissed if possible.
The name of the Michigan extortion statute is “Malicious Threats to Extort Money.” However, the statute covers much more than money.
Wrongful Accusations of Extortion Necessitating a Strong Defense Attorney
Not all allegations of extortion are truthful. Among the many defenses to extortion charges, one of the most challenging to present is that the allegations are false and manufactured to gain an advantage or power over the accused. Potential examples are endless, but some common scenarios include false allegations of extortion:
- during a divorce to gain a financial or custodial advantage,
- a party to a breakup makes up a claim of extortion seeking to force the other individual to delete or destroy intimate photos or videos,
- an individual having an affair makes a false allegation as an excuse for the infidelity, and
- someone accused of a crime alleges they were forced to engage in illegal conduct.
Other defenses to extortion allegations include mistaken identity and insufficient evidence.
Technical Definition of Extortion in Michigan
Any person who maliciously threatens to accuse another of any crime or offense, or who maliciously threatens any injury to another’s person or property, or to another’s mother, father, husband, wife, or child with the intent to extort money or any monetary advantage, or with the intent to compel the person so threatened to do or refrain from doing any act against their will.
Extortion is also a Federal Felony Offense
If a person transmits, via interstate or foreign commerce, any demand or request for a ransom or a reward for the release of a kidnapped person, any threat to kidnap or injure another person, any threat to injure another person’s property or reputation, or any threat to accuse another person of a crime with the intent to extort, that person commits the federal offense of extortion. A person also commits federal extortion if they send a demand or a request for a ransom or a reward for the release of a kidnapped person, any threat to kidnap or injure another person, any threat to injure another person’s property or reputation, or any threat to accuse another person of a crime with the intent to extort sent in the United States mail.
Under federal law, the term “threat” is defined as an avowed, present determination or intent to damage another person in the present or the future. An actual intention to carry out the threat is not required. The threat may be transmitted to the individual who is the target of the threat, or it may be communicated indirectly.
The maximum federal penalty for extortion ranges between 1 year and 20 years, depending on the alleged facts. The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has federal defense attorneys with an unparalleled track record of success defending clients on federal charges.
Michigan Extortion Defense Attorney
The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. uses a unique team approach to provide the most aggressive and effective defense to state and federal court extortion allegations. Our extortion defense attorneys have decades of experience successfully defending against criminal allegations in courts throughout Michigan. When a client’s life is on the line, and there is no room for errors and false promises, we will do whatever it takes to zealously and aggressively protect and defend them in and out of court.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.