Extortion, commonly referred to as blackmail, involves using threats, accusations, intimidation, or violence to compel someone to surrender something against their will. This could range from money or property to less tangible items like promises or personal favours.
Extortion: Criminal Code Definition
The Criminal Code of Canada defines extortion in Section 346(1):
"Everyone commits extortion who, without reasonable justification or excuse and with intent to obtain anything, by threats, accusations, intimidation, or violence induces or attempts to induce any person, whether or not they are the one threatened, accused, or intimidated, to do anything or cause anything to be done."
If you're facing extortion charges, call (855) 585-1777 for a free consultation with an experienced criminal defence lawyer.
Penalties for Extortion
Extortion is classified as an indictable offence under Section 346 of the Criminal Code. The penalties can vary based on the specific circumstances, with potential sentences including:
- Standard Extortion Charges: Up to life imprisonment.
- Use of Firearms in Extortion:
- First offence: Minimum 5-year imprisonment.
- Second or subsequent offence: Minimum 7-year imprisonment.
- Firearms and Criminal Organization Involvement:
- First offence: Minimum 5 years.
- Second or subsequent offence: Minimum 7 years.
Sentences are influenced by factors such as the use of violence or firearms, criminal affiliations, and prior convictions.
Aggravating Factors
The following factors may lead to harsher penalties:
- Use or threat of violence.
- Involvement with criminal organizations.
- Use of firearms or other dangerous weapons.
- Previous convictions for similar offences.
Indictable Dispositions Available for Extortion Charges
- Imprisonment
- Imprisonment + Probation
- Imprisonment + Fine
Charged with extortion? Call (855) 585-1777 for a consultation with a knowledgeable criminal defence lawyer.
Potential Defences Against Extortion Charges
For the Crown to secure a conviction, it must prove beyond a reasonable doubt that threats or coercion were used unlawfully. Possible defences include:
- Lack of Intent: Demonstrating there was no intention to intimidate or coerce.
- Legitimate Purpose: Actions taken for a valid reason, such as recovering a legitimate debt, may be defensible.
- Mistaken Identity: Establishing doubt about the accused’s involvement.
- Improper Search or Seizure: Evidence obtained illegally may be excluded, weakening the prosecution’s case.
- Charter Violations: Any breach of rights under the Canadian Charter of Rights and Freedoms, such as unlawful detention, can affect the admissibility of evidence.
Extortion cases require a comprehensive understanding of the law and skilled representation. An experienced criminal defence lawyer can analyze your case, challenge the prosecution's evidence, and work to achieve the best possible outcome.
Don’t Face Your Extortion Charge Alone
An experienced criminal defence lawyer is vital when dealing with extortion charges. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.
Get a Free Legal Consultation With a Criminal Lawyer
Do not hesitate to contact us if you are facing extortion charges. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.