Extortion

If you have been charged with extortion, you’re facing a serious accusation under Canada’s Criminal Code. Extortion, often known as blackmail, involves using threats, accusations, menaces, or violence to force someone to give up something against their will. This "something" can range from money or property to more intangible assets like promises or personal favours. 

Extortion: Criminal Code Definition

Under section 346(1) of the Criminal Code, every one commits extortion who, without reasonable justification or excuse and with intent to obtain anything, by threats, accusations, menaces or violence induces or attempts to induce any person, whether or not he is the person threatened, accused or menaced or to whom violence is shown, to do anything or cause anything to be done.

Facing extortion charges? Dial (306) 994-9522 for a free consultation with a criminal lawyer. 

Potential Penalties and Consequences for Extortion

Extortion is a serious criminal offence in Canada and is treated as an indictable offence under section 346 of the Criminal Code. The penalties for extortion can vary significantly depending on the circumstances. Here is an overview of potential penalties:

• Standard Extortion Charges (Indictable Offence): Life imprisonment as the maximum penalty.
• Use of Firearms in Extortion:
  • First offence: 5-year minimum imprisonment.
  • Second or subsequent offence: 7-year minimum imprisonment.
• Firearms and Criminal Organization Involvement:
  • First offence: Minimum of 5 years.
  • Second or subsequent offence: Minimum of 7 years.

The exact sentence imposed will depend on the specifics of each case, including the presence of any aggravating factors that may influence the court’s decision.

Aggravating Factors

• Use or threat of violence
• Association with criminal organizations
• Use of firearms or dangerous weapons
• Prior convictions for similar offences

Indictable Dispositions Available for Extortion Charges

• Jail
• Jail + Probation
• Jail + Fine

Need help with extortion charges? Contact (306) 994-9522 for a free consultation with an experienced criminal lawyer.

Defending Against Extortion Charges

To convict, the Crown must prove beyond a reasonable doubt that threats or violence were used to coerce someone without reasonable justification. Some common defences include: 

• Lack of Intent: The accused may argue that they did not intend to induce fear or coerce the victim.
• Legitimate Purpose: If the actions were taken for a justifiable reason, such as recovering a legitimate debt, this may serve as a defence.
• Mistaken Identity: This defence can be used if there is doubt as to whether the accused was the person who committed the act of extortion.
• Improper Search or Seizure: Evidence obtained through an illegal search or seizure could be excluded from the trial, which may weaken the Crown's case.
• Charter Violations: Any infringement of rights protected under the Canadian Charter of Rights and Freedoms, such as unlawful detention, could impact the proceedings and may lead to certain evidence being inadmissible.

Extortion cases are intricate and carry serious consequences. If you are facing extortion charges, it is essential to seek legal representation. A skilled criminal defence lawyer can review the specifics of your case, challenge the evidence presented, and strive to achieve the most favourable outcome on your behalf.

Have You Been Charged with Extortion?

An experienced criminal defence lawyer is essential when facing extortion charges. A criminal defence lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.

Need a Criminal Defence Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Defence Lawyer

Don't hesitate to reach out to us if you have been charged with extortion. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.