Thousand Oaks, CA asked in Criminal Law, Domestic Violence, Libel & Slander and Sexual Harassment for California

Q: Is there any way extortion can be justified?

I was involved in a domestic violence/sexual assault incident with someone whom was once close to me. I wrote to him "If you do not pay me back, I will have you arrested". I did not know of extortion, so I didn't know it would be an issue until the detective on my case brought it up. Will this destroy my entire case, or is there a way around it? He made fake profiles slandering my name, accusing me of things that did not exist, and emailed my university about how I am a terrible person, in which my university reached out to me. I want to press charges, but I am afraid it will backfire on me and I will get arrested for that one saying.

2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: You committed extortion when you threatened to call the police if you were not paid. That does not change whether you have a meritorious and valuable legal claim for the wrongdoing that was being done. It just gives the "victim" of the extortion the right to file a lawsuit against you, or for the police to charge you with the crime of extortion.

The kind of extortion here is likely not a crime. However it could create counter liability for you if you were to sue.

You say you want to press charges. That sounds like you want the DA to file criminatl charges. That likely won't happen. The alternative most likely available to you would be to file a lawsuit against this person. If you do, you may find yourself defending a cross complaint for civil extortion.

It would be wise to locate and consult confidentially with an attorney about this. Good luck to you.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

though it "may" be extortion i doubt if the DA would file and if so will the jerk try to "argue" extortion.

of course, this guy is a jerk and I would make an appointment with a local lawyer for guidance.

I would suggest you type up all the facts ahead of time so that the lawyer is not playing secretary...........explain in detail what he did to harm you and when it happened and if you have any wits.

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