pediavast.blogg.se - Difference between extortion and blackmail

Context is everything, and the Crown Court (charges of blackmail and extortion are only dealt with by the Crown Court) will consider the communication that took place between you and the alleged victim, the level of organisation involved, the types of threat made and the consequences to the victim. The defence available to you will depend broadly on the nature of the allegations – there are many different scenarios and levels of severity when it comes to the crimes of blackmail and extortion. These are not straightforward claims to prove, and an experienced criminal defence lawyer will be able to argue your case if you feel that you had reasonable grounds or motivation for your actions. In order to be found guilty of blackmail, the prosecution must prove that any demands made were not reasonable, and that the use of menaces was improper.

the intention to cause distress and fear.

the impact on the victim as a result of the threat, for example the level of distress and fear caused.

the ability of the victim to meet that demand.

the nature of the threat if the demand that was made was not met.

the demand that has been made or alleged and the way in which it was communicated.

There are no sentencing guidelines for blackmail, so your solicitor will look at comparable cases for guidance – courts will consider: The way in which any demands or communications were made will be key in determining the outcome of the case.

It is important that you run through any relevant communications with your solicitor so that they fully understand the situation that you are in and the context of the complaint or allegation. If you are investigated or arrested on suspicion of having committed either blackmail or extortion, it is highly likely that your phone, PC, or any other devices used for communication will be analysed. What will happen if I am accused of blackmail or extortion?

Making threats to harm or to kill another person.

A protection racket, for example (a criminal system where “protection” from harm is offered for money) falls under the category of extortion.Ĭharges that sit alongside blackmail and extortion under the same legislation include:

The crime of extortion is very similar to blackmail it also involves obtaining something from another person (usually money, property, or services) through the use of threats of physical harm or coercion. What is the difference between blackmail and extortion? For example, if a message is written containing a demand with a threat, it instantly becomes a criminal matter this could include an unread text or answer phone message – a crime has been committed with the issuing of the threat, irrespective of whether the intended recipient has seen it or not. It is enough for either the demand or threat to be implied for a crime to have been committed – neither need to be explicitly made. “Menaces,” in this instance refers to coercion, it involves a threat of a consequence towards the victim if the demand is not met.ĭemands can be made by a range of means, including postal communication, email or text or phone message. The threat made does not necessarily have to be violent in nature but needs to be considered serious in relation to the victim and intended to cause a severe effect upon them. An “unwarranted demand” is a demand made alongside threats, and not in a situation where the person making the demand believes that they have justifiable reasons for doing so. The offence of blackmail is described in section 21 of the Theft Act 1968 as “making an unwarranted demand with menaces” for the purpose of gaining something, or with the intent to cause loss to someone else. We will listen to you, gather all of the evidence and work tirelessly on your behalf to defend your case. Draycott Browne have over twenty years of experience and knowledge gained in this area of law - contact us today for immediate advice. Both charges are serious and carry penalties that can be severe if found guilty, blackmail carries a maximum prison sentence of up to 14 years, so it is important that you have specialist legal representation from the outset.īeing the subject of an investigation for blackmail or extortion will be both stressful and worrying, so choosing the right solicitor for you and your case is extremely important. If you find yourself facing allegations or charges of either extortion or blackmail, you will need urgent legal assistance from an experienced team of criminal defence lawyers. Extortion Lawyers - blackmail defence solicitors