There is no "one size fits all" defense to Extortion or any criminal act. Sometimes the best defense is to confront the allegations head on and challenge the facts. Other times, mitigating your conduct is the appropriate route. Whatever your defense to Grand Larceny, Extortion or a New York theft crime may be, you and your criminal attorney will analyze the facts of your case and review the evidence to determine what is appropriate. Fortunately, one of those possible defenses may be right in the New York Penal Law.
According to New York Penal Law 155.15(2), there is an affirmative defense to an Extortion that is perpetrated by instilling fear in another person that he or she will be charged with a crime. First, you must reasonably believed that the charge or crime committed is true. Moreover, the sole purpose of your reporting of the crime must not be to benefit, but to compel the person extorted to make "right" the "wrong" which was the threatened charge. To be clear, both the "reasonably believe" and the making "right of a wrong" elements together are necessary to successfully argue this defense.
Another defense not found in the New York Penal Law, but found in the cases that further dissect, define and analyze the statutes, involves the drafting of indictments charging Extortion. Unknown to criminal lawyers not versed in the intricacies of New York's theft and larceny laws, is the requirement that an indictment for Extortion plead the Extortion. Unlike other larceny crimes where merely larceny must be alleged, a charge or indictment must indicate that the larceny was perpetrated by Extortion. If prosecutors fail to do so, then the indictment should be dismissed.
Beyond this website, further resources for theft and larceny crimes in New York include our main website at CrottySaland.Com. In addition to the websites, the NewYorkTheftAndLarcenyLawyersBlog.Com and the NewYorkCriminalLawyerBlog.Com offer practical analysis of court cases, legal decisions and cases in the news that collectively further define New York State criminal law.
Again, what defense may work in your particular case and how that defense should be implemented is something that you and your criminal attorney will ascertain. When you are ready to set your defense into motion to maximize your chances of successfully resolving the allegations against you, contact the New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC.
Call our Former Manhattan Prosecutors at (212) 312-7129 or Contact Us Online Today.