Extortion and Blackmail in New York is not relegated to one specific statute or crime. In fact, one act on your part may be prosecuted by multiple different criminal statutes. While the general foundations are the same whether you are prosecuted for Extortion in Manhattan or Brooklyn, there are some relevant nuances in the statutes that should be reviewed with your New York criminal lawyer.
Generally, if you commit an Extortion act as defined under New York Penal Law 155.02(2), then you are guilty of Extortion. In other words, if you threaten someone to deliver property to you in such a manner, then your actions are automatically felonious. This is true whether you seek $1 million in cash or a painting worth $150. For the purpose of New York Penal Law 155.30(6), value is not relevant.
Extortion, as committed through Grand Larceny in the Fourth Degree, is an "E" felony. As such, a first time offender can be punished by up to one and one third to four years in prison. There is no mandatory minimum amount of prison if you are convicted, but jail, probation, fines and community service are all possibilities. If you are a predicate felon, then a mandatory minimum of one and one half to three years in prison is required by law with a maximum term of two to four years in state prison.
While value may not be relevant for this statutory Extortion crime in New York, value is still significant. As note above, because extortion is not limited to this statute, if you obtain property valued in excess of $1,000, $3,000, $50,000 or $1 million, then you can be charged with Grand Larceny in the Fourth, Third, Second or First Degrees respectively. These crimes are in addition to New York Penal Law 155.30(6) and are punishable by equal or significantly more jail time up to twenty five years.
Whether you have a factual defense, legal defense, statuary defense or mitigation defense to an Extortion arrest, indictment or investigation in New York, the earlier you identify that defense with an experienced criminal lawyer and put that defense into motion, the better off you will likely be.New York Penal Law 155.40(2): "C" Felony Extortion Value Based Grand Larceny & Felony Theft Statutory & Legal Defenses to Extortion Theft Convictions: Collateral Consequences Theft Crimes Sentencing Guidelines
For detailed information on Extortion and other theft and larceny crimes in New York, review this website as well as CrottySaland.Com. Further analysis of statutes, legal decisions and cases in the news can be found on either the NewYorkTheftAndLarcenyLawyersBlog.Com or the NewYorkCriminalLawyerBlog.Com. With this information and general understanding of the New York criminal law, contact one of Crotty Saland PCs New York criminal defense attorneys and former Manhattan prosecutors who will diligently pursue protecting your rights as well as your future.
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