Tucson Extortion Defense Lawyer

Arizona Theft by Extortion Defense Attorney

Theft is the taking of the property of another person with the intent to permanently deprive the owner.  Theft can be achieved by various means, and some are more serious than others.  For example, robbery (taking by force) is considered a more serious offense than shoplifting because of the fear and violence associated with the former.  Similarly, theft by extortion is treated seriously because of the nature of the crime, even if the value of the stolen property is lower.

More about Arizona Theft Crimes

ARIZONA THEFT BY EXTORTION LAW
Pursuant to ARS 13-1804, a person commits the crime of theft by extortion by taking another's property (or services) by threat.  The most serious crime is a threat to commit a future violent act upon any person by using a dangerous or deadly weapon or threatening to kill another person (Class 2 felony).  A threat to commit any other violent act upon another person, damage property, commit a crime, accuse someone of committing a crime, expose a secret (whether true or false), take or withhold action as a public servant, cause anyone to part with property, and more (Class 4 felony).  In short, threatening other people to take their property or not pay for a service is a serious crime.  As a Class 2 felony, extortion is punishable by up to 12.5 years in prison for a first offense; as a Class 4 felony, extortion is punishable by up to 3.75 years in prison.  Those with prior felony convictions face even greater possible punishment.

DEFENSES TO THEFT BY EXTORTION
Theft by extortion has some of the same common defenses as most crimes, particularly other theft offenses.  Some of the most common defenses to theft by extortion include:

• False Accusations - The very nature of threats is that they are often made by and between individuals who have a contentious relationship (e.g. ex-lovers, sworn enemies, etc.).  Just because an alleged victim claims to have been threatened does not mean that it actually happened.
• Lack of Threat/Intent to Threaten - Words are not always intended to have the same meaning as the listener may interpret them.  For example, "I'll kill you if you don't share your fries with me" has a very clear plain meaning, but similar language is often used without an intent to convey an actual threat.  NOTE:  The taking may still be a crime, just not extortion.
• Lawful Threats - A person may lawfully threaten legal action or reporting of a crime unless their property is returned or they are paid back for a financial harm incurred by the unlawful act of another person.  This will not apply to justify threats of violence, and demands for payment of money owed must be done properly.
• Lack of Intent to Permanently Deprive - Theft requires an intent by the taker to permanently deprive the owner of property.  Borrowing property with the intent to use it and return it is not theft, and therefore not theft by extortion.
• Mistaken Identity - An actual crime victim may mistakenly identify the wrong person, or police may identify the wrong person as the perpetrator of a crime.  Cases of mistaken identity are particularly common in robbery cases, but can occur in extortion cases as well.
• Constitutional Violation - Evidence (statements or physical evidence) obtained in violation of the Defendant's Constitutional Rights may not be used against them in court.  If a defendant confesses during a custodial interrogation without having been read their rights, or if police unlawfully go through a defendant's phone to obtain incriminating statements, the evidence should be suppressed.

RELATED OFFENSES

• Robbery - Taking of the property from the person of another by force or threat of force.
• Theft by Misrepresentation - Taking of the property of another by fraud.
• Bribery - Offering money to a public official with the intent to influence their decision.

EXAMPLES OF EXTORTION

• Threatening to accuse someone of sexual assault unless given a job
• Threatening to expose an affair unless paid $5000
• Threatening to damage a person's property if they do not agree to give it to you

Extortion is not the most common crime, but it is a serious offense.  If you or a loved one has been arrested, charged, indicted, or is under investigation for theft by extortion, or related theft offenses, contact the Tucson Defenders today for a FREE CONSULTATION with a Tucson Criminal Defense Lawyer.  520-585-5757.

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