Understanding Extortion in Oklahoma: Laws and Consequences
Extortion, as per Okla. Stat. tit. 21, § 1481, refers to the act of obtaining property from another individual with their consent, which is induced by the wrongful use of force, fear, or under the pretense of an official right. To establish extortion, the following elements need to be present:
- Obtaining Property or Signature: The defendant must seek to acquire property, obtain a signature on a document transferring property, or secure a signature on a document creating a debt or making a demand.
- Consent Under Duress: The victim’s consent to the defendant’s actions is given under duress or coercion.
- Induced by Force or Threat: The defendant uses force, fear, or the threat thereof to obtain the victim’s consent.
Distinguishing Extortion from Robbery
Extortion should not be confused with simple robbery. Unlike robbery, where the victim does not provide consent, extortion involves the victim consenting to surrendering their property or signing over their rights due to coercion or duress.
Forms of Extortionate Threats
Various types of threats can be considered extortionate under the law. Examples include:
- Threats of Unlawful Injury: Extortionate threats involve the defendant threatening to harm the person, their family, or their property unlawfully.
- Accusations of Crimes: Making false accusations of a crime against the person or a family member constitutes an extortionate act.
- Involvement in Matters of Disgrace: Extortion can occur when the defendant exposes or involves the person in a situation that would bring disgrace upon them.
- Disclosure of Secrets: Threatening to expose a secret that would have adverse effects on the person or a family member is considered extortion.
Penalties for Extortion
Extortion is classified as a felony in Oklahoma. The penalties for this offense include a minimum sentence of one year and a maximum sentence of five years of imprisonment. Even attempted extortion is treated as a felony, carrying a minimum sentence of one year and a maximum sentence of two years.
Call Today for a consultation
If you or a loved one are facing charges related to extortion, it is imperative to secure the guidance of an experienced Oklahoma City attorney. Navigating the intricate legal terrain surrounding extortion charges requires astute expertise and strategic counsel. The Wirth Law Office – Oklahoma City, stands ready to provide comprehensive legal representation and support during this challenging time.
The dedicated team at Wirth Law Office – Oklahoma City is equipped with the knowledge and proficiency to assess the intricacies of your case, develop a robust defense strategy, and advocate on your behalf. By partnering with our firm, you can approach your extortion case with confidence, knowing that your rights and interests will be safeguarded. To schedule a consultation and discuss your legal options, please contact our office at 405-888-5400. We are committed to helping you navigate the complexities of the legal system and achieving the best possible outcome for your situation.