Extortion In Washington
EXTORTION
Definition of Extortion
RCW 9A.56.110 defines Extortion as
Either:
Knowingly obtaining by threat; or
Attempting to obtain by threat
Property or services of the owner
This definition explicitly states that it includes sexual favors. All of these elements must be proven beyond a reasonable doubt, therefore if any element fails the case may not be able to be proven.
Extortion in the First Degree or Second Degree
In Washington, some offenses have multiple degrees of seriousness, and Extortion is one of these charges; with Extortion in the First Degree being the most serious. The more serious the charge, the more severe the potential consequences can be. both charges are outlined in detail below.
EXTORTION IN THE SECOND DEGREE
Definition of Extortion in the Second Degree
Under RCW 9A.56.130, this offense can be charged when Extortion under the definition above, is committed by a wrongful threat as defined by RCW 9A.04.110(28). This includes the following:
A threat that is made directly or indirectly that communicates the intent:
To accuse a person of a crime (unless the accuser reasonably believed the threatened criminal charge to be true and their sole purpose was to compel the person to take reasonable action to make things right in regards to the crime accused of)
To expose or publicize a secret or fact (whether true or not) to subject a person to hatred, contempt, or ridicule
To reveal information someone is trying to conceal
To testify, provide information, or withhold either relating to someone’s legal claim or defense
To, in acting as an official, take wrongful action against anyone or anything, such as withholding official action or causing it to be withheld
To bring about or continue a strike or boycott to obtain property that is not the property being demanded by the group, or received for their benefit
To do any other act intended to substantially harm someone or another with respect to their health, safety, business, financial condition, or personal relationship
This charge is a Class C felony.
Potential Outcomes for a charge of Extortion in the Second Degree
As a Class C felony, this is the lowest level of felony offenses, but a felony carries serious consequences if convicted. A good outcome on a felony charge such as this could range from getting a dismissal of your case, a reduction to a misdemeanor, or reducing the jail or prison time. Your options will depend on the facts of the case and your history. For a personalized consultation, contact us here.
Potential punishments for a conviction for a Class C felony range as follows:
0-5 years of prison (this may vary dependent upon your offender score, history, and charges)
Fines of $0-$10,000
Probation or DOC Supervision if you serve time in the Department of Corrections.
Restitution
Classes or Treatment
Prohibition of Possessing Firearms
A No Contact Order with the alleged victim
EXTORTION IN THE FIRST DEGREE
Definition of Extortion in the First Degree
Under RCW 9A.56.130, this offense can be charged when Extortion under the definition above, is committed by a wrongful threat as defined by RCW 9A.04.110(28). This includes the following:
A threat that is made directly or indirectly that communicates the intent:
To cause bodily injury to someone
To damage someone’s property; or
To subject someone to physical confinement or restraint
This offense is a Class B felony.
Potential Outcomes for a charge of Extortion in the First Degree
As a Class B felony, this charge has heavy consequences if you are convicted. A good outcome on a felony charge such as this could range from getting a dismissal of your case, a reduction to a misdemeanor, or reducing the jail or prison time. Your options will depend on the facts of the case and your history. For a consultation on your specific situation, contact us here.
Potential punishments for a conviction for a Class B felony range as follows:
0-10 years of prison (this may vary dependent upon your offender score, history, and charges)
Fines of $0-$20,000
Probation or DOC Supervision if you serve time in the Department of Corrections.
Restitution
Classes or Treatment
Prohibition of Possessing Firearms
A No Contact Order with the alleged victim
WHAT CAN YOU DO ABOUT AN EXTORTION CHARGE?
What should I do if I am accused of Extortion?
If you are being accused of a crime or are subject to a law enforcement investigation, please read more about your options here. Even if charges have not been filed yet, there are things an attorney can do to help. Most importantly, in some cases we can work to stop those charges from being filed. If you are in this situation you can schedule a free consultation here.
What should I do if I am charged with Extortion?
If you have been charged and given a court date, you absolutely will need an attorney’s help to fight those charges. Read more about what to do if you have been arrested here, or charged with a crime here.
Can I get my case dismissed?
The answer to this question will completely depend on the facts of your case. In any case a dismissal of the charges is the best case scenario, and there are multiple ways of getting one - outright, by completing a diversion program, or by winning a trial. We can help you assess the evidence and your history to review your options with you.
