West Milford NJ Theft by Extortion Lawyer
Criminal Defense Attorney in Passaic County, New Jersey
Being charged with the crime of Theft by Extortion leaves you exposed to a term of incarceration and a number of collateral consequences, including a requirement that you pay restitution to the alleged victim for his/her loss. Having an aggressive, experienced defense lawyer to guide you through the legal process is invaluable.
Criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including Wayne, Clifton, Passaic, and Totowa who have been charged with theft and fraud crimes such as theft by extortion, theft by deception, credit card fraud, and bad checks. She is prepared to attack the State’s case, positioning you to achieve the best possible result.
She has successfully handled countless cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses). She is a former domestic violence prosecutor and special deputy attorney general. During the course of her career with the Morris County Prosecutor’s Office, she handled cases ranging from Homicide (murder) and aggravated assault to robbery and weapons offenses. She has handled a number of cases in which the defense of insanity was raised at the time of trial. Now she is fighting for you. Contact her office anytime for an initial consultation, which is always provided free of charge.
Theft by Extortion in New Jersey: N.J.S.A. 2C:20-5
N.J.S.A. 2C:20-5 sets forth:
A person is guilty of theft by extortion if he purposely and unlawfully obtains property of another by extortion. A person extorts if he purposely threatens to:
a. Inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense;
b. Accuse anyone of an offense or cause charges of an offense to be instituted against any person;
c. Expose or publicize any secret or any asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute;
d. Take or withhold action as an official, or cause an official to take or withhold action;
e. Bring about or continue a strike, boycott or other collective action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;
f. Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or
g. Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person.
NOTE: It is an affirmative defense to prosecution based on paragraphs b, c, d, or f that the property obtained was honestly claimed as restitution or indemnification for harm done in the circumstances or as lawful compensation for property or services.
Theft by Extortion vs. Criminal Coercion
Theft by Extortion is a similar offense to 2C:13-5, Criminal Coercion. The major difference between the two is the purpose of the threat. In the case of Theft by Extortion, the purpose is to obtain the property of another, while in the case of Criminal Coercion, the purpose is to restrict another’s freedom.
Grading (Degree) of Theft by Extortion Crimes in New Jersey:
Theft by Extortion constitutes a crime of the Second Degree (punishable by a term of incarceration between 5 and 10 years in New Jersey State Prison) if:
- The amount involved is $75,000 or more;
- The property is taken by extortion; or
- The property stolen is a controlled dangerous substance (“CDS”) and the quantity is in excess of one kilogram.
Theft by Extortion constitutes a crime of the Third Degree (punishable by a term of incarceration between 3 and 5 years in New Jersey State Prison) if:
- The amount involved exceeds $500 but is less than $75,000;
- The property stolen is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal or airplane;
- The property stolen is a CDS and the amount involved is less than $75,000 or is undetermined and the quantity is one kilogram or less;
- It is from the person of the victim; or
- The property stolen is a New Jersey Prescription Blank.
Theft by Extortion constitutes a crime of the Fourth Degree (punishable by a term of incarceration up to 18 months in New Jersey State Prison if):
- The amount involved is at least $200 by does not exceed $500.
Otherwise, Theft by Extortion constitutes a disorderly persons offense (punishable by a term of incarceration up to 6 months in the county jail).
Contact a Wayne NJ Theft by Extortion Lawyer for Answers
The consequences of a Theft by Extortion conviction can be serious. Don’t delay in hiring legal representation to protect your freedom and your rights. Alissa D. Hascup is available anytime to speak with you regarding your case. Contact her now for a free consultation.