Legal Strategies for Fighting Extortion Charges in Miami

Being charged with extortion can be scary. But there are legal strategies that can help. This article talks about laws and defenses to fight extortion charges in Miami.

What is Extortion Under Florida Law

Extortion involves illegally demanding money or something else of value from someone, often accompanied by threats if they don’t comply. Under Florida statute 836.05, extortion occurs when someone maliciously threatens an injury to another person, property, or reputation, with the intent to compel the threatened person or another to act against their will.

For example, threatening to reveal embarrassing information about someone unless they pay you money could be extortion. Extortion doesn’t require actual violence – just the threat.

Extortion Defenses in Florida

There are a few defenses that can counter an extortion charge in Florida:

• You didn’t actually make a threat or demand anything of value
• You had a legal right to the money or property
• Your statements didn’t meet the legal definition of a “threat”
• You can argue you were falsely accused or set up

An experienced Miami extortion defense lawyer can evaluate the evidence against you and build a defense strategy around these defenses.

No Actual Threats or Demands

If the prosecution can’t prove you made an actual demand for money or something else of value, combined with threats, then you aren’t guilty of extortion under Florida law. Your attorney can argue the evidence doesn’t show extortion beyond a reasonable doubt.

You Had a Legal Right

It’s not extortion in Florida if you had a legal right to the money or property you demanded. For example, asking someone to pay a legitimate debt they owe you, even persistently, generally isn’t extortion.

Statements Weren’t True Threats

Not all threatening statements are “true threats” that constitute extortion. Your lawyer may argue your statements were meaningless hyperbole, political arguments, or frustrated venting that nobody would take seriously. This can defeat the “malicious threat” element.

False Accusations

You can claim you were falsely accused if you believe the alleged victim is lying or set you up. This is an uphill battle, but an experienced attorney can identify inconsistencies and credibility issues in the prosecution’s case.

Sentences for Extortion in Florida

Extortion sentences under Florida statute 836.05 depend on the circumstances and prior record:

• 2nd degree felony if threats involved a weapon or organized fraud – up to 15 years in prison
• 3rd degree felony in most other cases – up to 5 years in prison

Penalties can increase for repeat offenders. That’s why hiring an experienced Miami extortion defense attorney is so important to fight the charges.

Finding the Best Extortion Defense Lawyer in Miami

Facing extortion charges isn’t something you should handle alone. An experienced Miami extortion defense lawyer can protect your rights and build the strongest defense to avoid convictions and minimize penalties if convicted.

When choosing a lawyer, look for these important qualifications:

• Extensive experience defending Florida extortion charges
• Familiar with local courts, prosecutors and judges
• Willing to take your case to trial if necessary
• Compassionate counseling to reduce your stress

Don’t take chances with your freedom and criminal record. An experienced extortion defense lawyer can make all the difference.

For a free case evaluation from a top-rated Miami extortion defense attorney, contact us 24/7 at 305-555-1234 or through our website contact page.

References

Florida Extortion Laws – Statute 836.05

Extortion Defenses – Moecker & Associates

Extortion Penalties – FindLaw