Coercion and Extortion in New York City
Charges of coercion and extortion allege that a defendant used the threat of force or property damage to compel another to do something that they would not otherwise have done.
People who are facing these serious allegations need to take steps to protect themselves. A conviction for minor crimes under these statutes can result in a criminal record and jail time. Additionally, felony charges carry mandatory prison sentences.
Hiring a defense lawyer from the Law Offices of Jeffrey Lichtman to provide a powerful defense against allegations of coercion or extortion in New York City could protect your rights and freedoms. Our skilled white collar criminal defense attorneys can present arguments in court that aim to mitigate any potential consequences while combating the weaknesses of the prosecutor’s case.
What are the Differences Between Coercion and Extortion?
In the experience of top New York City white collar criminal lawyers, one of the most commonly charged and confused white collar crimes tried by New York City prosecutors are the offenses of Coercion and Extortion. Defined respectively under Sections 155.05(2)(e) and 135.60 of the New York Penal Law, the offenses of Extortion and Coercion are unique in that they criminalize violent or confrontational speech when employed for a particular purpose. What differentiates these two offenses, however, is that purpose.
For Coercion, that purpose is to, in the most general sense, control or manipulate another’s actions. For Extortion, that purpose of the speech is to acquire property or otherwise materially benefit at another’s expense. A thin distinction but a meaningful one: Coercion is typically charged as a misdemeanor in white collar cases whereas Extortion is charged, at minimum, as an E felony in New York.
Identifying the fine line between the New York City crimes of Coercion and Extortion may be difficult but it is necessary if you hope to avoid criminal liability for either of these two offenses. A brief overview of the law and a consultation with a top New York City attorney may just help you avoid the career ending consequences of a conviction for Coercion or Extortion.
The Crime of Coercion in New York City
Coercion, or as a verb “to coerce,” is the act of creating “compulsion by physical force or threat of physical force.” Black’s Law Dictionary 106 (7th ed. 2001). Its harm has been characterized by the United States Supreme Court as the “interference” of civil liberties and rights of another that occur when they are forced – through the use of threats or intimidation – to commit an act or not commit an act which they have “a legal right to do or to abstain from doing.” Sekhar v. U.S., 133 S.Ct. 2720, 2725 (2013). Although this may have historically been the scope of the offense, in modern day New York City the unlawful threatening of another to perform an otherwise lawful act is only one form of the crime of Coercion as defined by the New York Penal Law – the misdemeanor offense of Coercion in the Second Degree. The other is the use of threats to compel another to perform acts they have no legal right to do, such as a) commit or attempt to commit a felony; b) cause or attempt to cause harm to another’s person or property or c) violate his or her duty as a police officer or public servant. For this conduct, New York City prosecutors may charge the D Felony crime of Coercion in the First Degree and seek substantially more severe penalties. New York Penal Law § 135.65 (2).
Conviction for a First-Degree Coercion charge carries a minimum sentence of incarceration of a year in jail and while non-incarceration alternatives are available, they are likely to be withheld if prosecutors can characterize your actions or purpose as violent in any way. This is not to diminish the adverse effects of being convicted on the lesser charge of Second Degree Coercion: a conviction for this offense, though a misdemeanor, may serve as the factual basis for civil liability, as well as potentially affect any employment and/or professional licenses you may possess whether within or outside the state.
What Does it Mean to Extort Another Person Under State Law?
Extortion is one example of a theft offense under State penal law. According to New York Penal Law §155.05(2)(e), extortion occurs when a person compels or threatens another to deliver money or property under the threat of physical violence, property damage, or public humiliation. For example, a person may face charges of extortion if they demand $5,000 to keep an extramarital affair a secret.
The severity of an extortion charge varies based on the means that a defendant uses to force someone into giving up their property. The basic offense is a class E felony. However, if the alleged extortion uses the threat of violence or property damage, the charges upgrade to a Class C felony.
A conviction under either scenario is a serious matter. Anyone convicted of a Class E extortion felony faces between 1.5 and 4 years in a New York State prison. There is also an additional 1.2 to 3 years of post-release supervision and fines that top out at $5,000.
A Class C felony carries even steeper consequences upon conviction. The minimum prison term is between one and three years, and the maximum could be as much as 15. Fines are also capped at $5,000. Since both of these offenses are felonies, there is also the potential for losing constitutional rights related to voting or owning firearms.
Potential Defenses in Coercion and Extortion Cases
While the penalties associated with coercion and extortion are significant, it is crucial to remember that they are also frequently avoidable. The right defense attorney could develop a strategy based on the facts that pushes back against the state’s case and secures the best possible outcome. Some of these defenses include the following.
Lack of Intent
Coercion and extortion convictions are only appropriate when a person had the intention to commit a crime. For example, making a strong argument in favor of a specific outcome is not the same as extorting someone for money. Even if the alleged victim in this case was concerned for their safety, we can argue that a crime has not been committed if there was no intent to threaten that person.
Lack of Threatening Behavior
Another key aspect of this crime is specific aggressive behavior intended to push someone to give up something they would not have otherwise. This could include anything from physical violence to public humiliation or property damage. The state has to prove beyond a reasonable doubt that the accused engaged in this kind of behavior for the purpose of scaring or intimidating the other party.
Lack of Evidence
The state faces a high burden of proof in any criminal case, and charges of extortion or coercion in NYC are no exception. Prosecutors must establish beyond a reasonable doubt that the accused committed the crime, and some cases they simply do not have the evidence to back that allegation up. Attorneys often focus on the weakness of the state’s case instead of offering an alternative theory.
Actual Innocence
Another straightforward argument is that the accused simply did not commit the crime they are accused of. This might be because someone else was responsible. Alternatively, there could be evidence that a crime never occurred at all. In either case, it may be possible to argue that a conviction is inappropriate because the accused did nothing wrong.
Favorable Outcomes Following an Arrest for Coercion or Extortion
With the help of an attorney in New York, it may be possible to secure a positive outcome following an arrest for coercion or extortion. For many people, the best-case scenario is seeing the charges against them dropped by the prosecution without having to take the risk of going to trial. This is often possible after a defense attorney is able to have evidence excluded by the judge.
When a dismissal is not a viable outcome, taking the case to trial and winning is the next-best option. While an acquittal brings the charges to an end forever, there is the risk of a conviction by taking the case before a jury.
Finally, some situations call for a plea bargain in order to secure a fair outcome. This is important in scenarios where the state likely has enough evidence for a conviction.
Retain Our New York City Attorneys for Help with Coercion and Extortion Allegations
Our experienced New York City coercion and extortion lawyers can begin preparing a defense to the charges that is both persuasive and appropriate under the circumstances of your case or work with prosecutors to settle the charges with minimal adverse consequences on your employment and livelihood. But the chances of either diminish the longer you wait before retaining an attorney after arrest. Contact our firm and begin the process of taking back control of your life in the aftermath of your arrest.