Have you been charged with extortion in Birmingham, AL? If so, Contact Jaffe, Hanle, Whisonant & Knight, P.C. at (205) 930-9800 for a free consultation. Our Birmingham extortion lawyers have 100 years of combined experience handling all types of state and federal crimes, and we can help protect your rights and your future.
We understand how stressful and intimidating criminal charges can be, and we’re here to guide you every step of the way. Contact us today to get started and begin building your defense.
How Can Jaffe, Hanle, Whisonant & Knight, P.C. Help if You’re Arrested for Extortion in Birmingham?
Facing criminal charges can be scary, especially if you have never been arrested before. You may be wondering what is going to happen next, and you are likely worried about losing your freedom. Getting help from an experienced Birmingham criminal defense lawyer is crucial to protecting your rights. That’s where Jaffe, Hanle, Whisonant & Knight, P.C. can help.
If you are facing extortion charges, our Birmingham extortion lawyers can help you by:
- Reviewing the specifics of the charges filed against you
- Requesting a reasonable bond so that you can remain free while you await trial
- Gathering evidence that can help prove your innocence
- Negotiating a plea deal or reduced charges
- Defending you against the prosecution’s allegations at trial
Your freedom is too valuable to leave your defense up to just any lawyer. The team at Jaffe, Hanle, Whisonant & Knight, P.C. has the experience you need on your side during this frightening time. Contact us today to schedule a free consultation and let us put our experience to work for you.
What Is Extortion?
At a basic level, extortion is the practice of getting something by using force or threats. Often, the thing that is obtained through force or coercion is money. Extortion is a crime at both the state and federal levels, and whether you face state or federal charges often depends on the specifics of your situation.
What Is Extortion Under Alabama Law?
According to Alabama law, a person commits extortion if he “knowingly obtains by threat control over the property of another, with intent to deprive him of the property.” Proving extortion requires the prosecution to prove several key elements.
Those elements include:
- Knowledge: The defendant must have knowingly obtained control over the other person’s property.
- Threats: The obtaining of the property must have been done through actual force or threat of force.
- Intent: The defendant must have intended to deprive the other person of their property.
- Property of value: The property in question must have some value, such as money, personal property, or anything else of value.
In Alabama, first-degree extortion involves threats that are meant to cause physical harm or confinement. This is a very serious offense. On the other hand, second-degree extortion involves other types of threats, such as damaging property or exposing a secret that could harm the victim’s reputation.
What Is Extortion Under Federal Law?
Extortion typically becomes a federal crime when interstate commerce is involved. The Hobbs Act prohibits extortion that interferes with interstate commerce. Additionally, when extortion is carried out by mail, postal service, telephone, or other interstate means, you may face federal extortion charges for that behavior.
What Are the Alabama Penalties for Extortion?
Extortion is treated as a serious felony offense under Alabama law, with penalties that vary depending on the degree of the charge.
A conviction for second-degree extortion can result in:
- Fines of up to $15,000
- Up to 10 years in prison
First-degree extortion carries even harsher penalties, including:
- Fines of up to $30,000
- Up to 20 years in prison
Both charges carry life-altering consequences, making it essential to have an experienced Alabama criminal defense attorney on your side from the start.
What Are the Federal Penalties for Extortion?
The penalties for federal extortion charges vary depending on the specific statute that has been violated.
Potential penalties include:
- Fines
- Jail time
- Restitution to the victim
- Probation
If you are facing extortion charges, your future could be at stake. This is why it is so important to get help from an experienced criminal defense lawyer right away. Let the team at Jaffe, Hanle, Whisonant & Knight, P.C. help you put together a defense strategy for your case.
What Defenses Can Be Raised if I’m Accused of Extortion?
There are many potential ways for the defense to attack extortion charges. The specific strategy that should be used in your case depends on the facts of your situation.
Some of the most common defenses to extortion charges include:
- Lack of intent: The prosecution must prove that you knowingly intended to gain property through the use of threats. Showing a lack of this intent can be a great defense to these charges.
- No actual threat: Without an actual threat, the prosecution’s case would be severely lacking. Perhaps the victim misinterpreted something you said as a threat, or maybe you were simply using tough negotiation tactics.
- Property was yours: If you can prove that the property you allegedly “took” was legally yours, then the prosecution’s case will likely unravel.
Additionally, you may be able to assert some of the common defenses used across many types of criminal cases. This includes defenses such as lack of evidence, illegal search, or other procedural issues during the arrest and trial.
Schedule a Free Case Evaluation With Our Birmingham Extortion Lawyer
If you are facing extortion charges in Birmingham, AL, contact the experienced team at Jaffe, Hanle, Whisonant & Knight, P.C. today. We are ready to get started putting together your defense right away to protect your rights and help keep you out of prison.
Call us now to schedule a free consultation with a Birmingham extortion attorney and get started.