Legal Defenses Against Extortion Charges in Miami and Strategies to Avoid Jail
Being charged with extortion can be scary. Even if your innocent, proving it can be hard. This article will explain common defenses used in Miami extortion cases. It will also give tips to avoid jail time if convicted.
What is Extortion Under Florida Law?
Extortion involves threatening or forcing someone to give you money or property. There are 3 main extortion crimes in Florida:
- Threatening injury to a person, property, or reputation to extort money or gain advantage
- Threatening to expose secrets or publicize alleged facts to extort money or gain advantage
- Threatening injury to force someone into an act against their will
Extortion is a felony in Florida. A conviction can result in hefty fines and years in prison. Proving innocence or fighting the charges is critical.
Common Defenses Against Extortion Charges
Several legal defenses can be used to fight extortion accusations. Some common ones include:
You Didn’t Actually Threaten Anything
A key element of extortion is making threats. If you didn’t make any threats, you aren’t guilty. For example, if someone claims you threatened them if they didn’t pay you. But you can show the “threats” were just normal conversations or requests, not actual threats. This can defeat the charges.
The “Threats” Were Misinterpreted
Sometimes perceived “threats” are just misunderstandings. Like jokes taken the wrong way. Or heated conversations that seemed threatening but weren’t intended to be. If you can show your words were misinterpreted as threats, it weakens the prosecution’s case.
The Accuser is Not Credible
If prosecutors can’t prove the accuser’s claims are credible, the charges fail. If the accuser has a history of lying or disputes with you, it hurts their credibility. Or if their story doesn’t add up or keep changing. Pointing out credibility problems can create reasonable doubt.
You Had a Legal Right to the Money or Property
It’s not extortion if you had a legal right to the money or property. For example, if you threatened to sue someone unless they paid a legitimate debt. Or threatened to call police about stolen property. As long as you had a lawful claim, it’s not criminal extortion.
You Were the Victim of Extortion
If someone extorted you first, then you threatened them to get your money back, you may have a “claim of right” defense. For example, if someone scammed you out of money then you threatened to expose them unless they paid you back. You can argue you were illegally extorted first.
You Were Entrapped
If police or informants pushed you into committing extortion you otherwise wouldn’t have, you may have been entrapped. This is tricky to prove, but can beat the charges if you can show you were manipulated into it.
Strategies to Reduce Jail Time if Convicted
Even if convicted, all hope isn’t lost. There are strategies that can help minimize or avoid jail time:
Plea Bargain
Work with your lawyer to negotiate a plea deal. Plead guilty in exchange for reduced charges or a lighter sentence recommendation. This avoids the risks and costs of trial.
Show Remorse and Take Responsibility
Express sincere remorse to the judge and take full responsibility. Don’t make excuses. This shows you’re ready to change and earn leniency.
Highlight Positive Character Traits
Have character witnesses testify about your otherwise good character. Emphasize positive traits, steady employment history, lack of criminal record, etc. This paints you in a sympathetic light.
Emphasize Hardships Jail Would Cause
Explain how jail time would cause excessive hardship for your family and dependents. Judges may see house arrest or probation as more appropriate.
Get Mental Health or Addiction Treatment
If mental illness or addiction played a role, get evaluated and start treatment. Completing rehab shows you’re addressing the root causes and trying to better yourself.
Do Community Service
Perform volunteer work and get involved with charities. Giving back to the community shows your willingness to make amends.
Get an Experienced Miami Extortion Defense Lawyer
Don’t go it alone. Hire an experienced Miami extortion defense attorney. They can fully evaluate your case and build the strongest defense. They can also negotiate with prosecutors for a favorable plea bargain if needed. With an attorney’s help, you have the best chance of beating your charges or minimizing penalties.
Extortion charges shouldn’t be taken lightly. But with the right defense strategy and legal guidance, you can protect your future. There are options to challenge the allegations and avoid harsh punishment. Don’t wait to seek help.
Florida Statute 836.05 – Extortion
Miami Herald – Extortion charges dropped against Miccosukee lawyer
Shouse California Law Group – Legal Defenses to Extortion Charges