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As long as there are individuals with expendable assets, there will always be criminals ready and willing to use force or fear to unlawfully obtain those hard-earned finances. As such, the Oklahoma Legislature has created criminal liability for those Defendants convicted of extortion in Oklahoma. Retaining an Oklahoma extortion attorney can help protect you.
Extortion is the obtaining of property from another with his consent, induced by a wrongful use of force or fear, or under color of official right.
Extortion induced by threats in Oklahoma is defined as:
Fear such as will constitute extortion, may be induced by a threat, either:
1st. To do an unlawful injury to the person or property of the individual threatened, or to any relative of his or member of his family; or,
2nd. To accuse him, or any relative of his or member of his family, of any crime; or,
3rd. To expose, or impute to him, or them, any deformity or disgrace; or,
4th. To expose any secret affecting him or them.
Consequently, criminal liability for extortion can arise in a variety of contexts. One thing to note, however, is that the threats which induce the extortion do not have to be valid or true so long as the victim of the threats is reasonably fearful as a result.
A Defendant convicted of extortion in Oklahoma can be sentenced as follows:
Every person who extorts or attempts to extort any money or other property from another, under circumstances not amounting to robbery, by means of force or any threat, upon conviction, shall be guilty of a felony. A conviction for extortion is punishable by imprisonment in the State Penitentiary for a term not exceeding five (5) years. A conviction for attempted extortion is punishable by imprisonment in the State Penitentiary for a term not exceeding two (2) years.
This provision serves as protection against those individuals who may attempt to extort others under the guise of executing official business or an official duty. The Oklahoma Statue which governs this activity mandates that:
Every person who commits any extortion under color of official right, in cases for which a different punishment is not prescribed by this code, or by some of the statutes, which it specifies as continuing in force, is guilty of a misdemeanor.
Every person, who by any extortionate means, obtains from another his signature to any paper or instrument, whereby, if such signature were freely given, any property would be transferred, or any debt, demand, charge or right of action created, is punishable in the same manner as if the actual delivery of such property or payment of the amount of such debt, demand, charge or right of action were obtained.
Blackmail is verbal or written/printed communication with intent to extort or gain any thing of value from another or to compel another to do an act against his or her will:
Blackmail is a felony punishable by imprisonment in the State Penitentiary for not to exceed five (5) years or fine not to exceed Ten Thousand Dollars ($10,000.00) or by both such imprisonment and fine. See here for information on embezzlement.
If you or a loved one has been charged with extortion in Oklahoma, time is of the essence. You need a criminal defense attorney, and you need one right now. Call the Law Offices of Adam R. Banner, P.C., and retain an accomplished attorney ready to fight for your rights. Call us today at (405) 778-4800 for a free consultation.