This differs from “actual malice,” which means with ill will, spite, hatred or evil intent. With regard to the term “malice,” Florida courts generally use the standard of “legal malice” in these cases, which means the threat was wrongful, intentional and without legal justification or excuse. That’s because there was a threat of harm/ psychological injury for monetary gain. It should also be noted that threats can be implied, and the prosecutor doesn’t need to show the defendant actually carried out the threat or even had the ability to do so.įor example, if you threaten to expose an affair to someone’s wife unless you are paid $10,000, that threat could be deemed extortion – even if you have no way of actually contacting the person’s wife. Threats can be either written or verbal, meaning it can be over the phone, in person or via a letter, email, blog, text message or social media post. The elements of malice and threat are essential to proving the crime. Malice and Threat in Florida Extortion Cases Compel a person to do something or refrain from doing something against their will.Extort money or any type of financial advantage.Impute a deformity or lack of chastity to someone else.Accuse someone else of a crime or criminal act.Injure a person or their property or reputation.What is Extortion?Īccording to Florida’s extortion law, extortion is committed when a person maliciously threatens to: Our defense attorneys understand the necessary elements of extortion, and can work to help you develop an effective strategy to combat these charges. If are you are arrested for felony extortion in Florida, you will need skilled legal representation, given not only the complexity of the crime but also the severe consequences if you are convicted. When extortion happens on a larger scale or is carried out by an organization, it can be prosecuted as racketeering under the Racketeer Influenced and Corrupt Organizations Act (RICO). That could mean threat of harm to one’s physical health, finances, property or employment. However, the element of a threat of harm to someone is a key element. Most jurisdictions classify extortion as a “crime against property” or a type of theft offense. Our Fort Lauderdale extortion defense attorneys at The Ansara Law Firm know there are several elements to this crime that prosecutors are required to prove to secure a conviction. It is also a state-level offense, codified in Florida Statute 836.05, threats extortion. The Federal Bureau of Prisons reports 6.4 percent of all federal inmates are incarcerated for extortion, fraud or bribery. Extortion, also known as “blackmail,” doesn’t just happen in television drama.
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