New York’s theory of extortion punishes people for stealing property by threatening to do proscribed acts that will harm the victim unless the victim gives up the property. The crime of larceny by extortion is codified at New York Penal Law 155.05(e).If you have been Charged with Grand Larceny or any Larceny by Extortion Call one of our Experienced Criminal Defense Lawyers for a Free Consultation!
There are 9 acts that larceny by extortion may be predicated on: 1) threats of bodily harm 2) threats of damage to a person’s property 3) threats to expose the victim to criminal conduct 4) threats to accuse the victim of a crime or fabricate facts that will cause false charges to be instituted against the victim 5) threats to expose a highly embarrassing undisclosed matter to the pubic would cause great diminishment of reputation to the victim. 6) threats to cause a significant and costly labor disruption that would severely harm a business where the party demanding payment are not the striking laborers 7) threats to testify or not testify in a legal matter 8) threats to neglect or abuse a position of public power 9) threats to act in a way that would harm another’s wellbeing, security, livelihood, job progress, fiscal stability, or intimate relations. Larceny by extortion it is a very fact specific crime. If you have been accused of larceny by extortion it is highly important that a defendant have attorneys who are skilled at presenting facts to juries in a way that reduces or removes their criminal liability.
If you or someone you love has been accused of larceny by extortion in New York, call our experienced New York Criminal defense lawyers today. Our experienced New York Criminal trial lawyers can present the facts in a way that may cause your criminal charges to be reduced or dismissed. Call our office for a free consultation today.
The grades of severity that attach to larceny by extortion distinguish it from other larceny crimes. The basic larceny by extortion may be charged as grand larceny in the fourth degree. Only 3 of the 9 predicated circumstances can establish an aggravated form of larceny by extortion, charged as grand larceny in the second degree; physical harm, property harm, and abuse of public power. These 3 threats were considered the most egregious by the legislature and therefore justified aggravating the severity of the charges.
Extortion is punishable by a class E felony at the lower level. Class E felonies carry a maximum penalty of 4 years in prison. The aggravated higher level of extortion is punishable by a class C felony and carries a maximum penalty of up to 15 years in prison.
The following examples distinguish the two sorts of extortion. Tony has an affair with Irina. Unbeknownst to Tony’s wife and kids Tony is financially supporting Irina. Tony’s wife is suspicious that Tony is cheating on her but cannot prove anything. Irina knows that things have been bad between her and Tony for a long time, and Irina is upset that Tony will not leave his wife. After an argument Irina gets upset and throws a lit candle at Tony. Tony decides it time to end the affair. Irina threatens that if Tony does not continue the affair, and continue financially supporting her, she will call Tony’s house and tell his wife about their affair. Irina has committed extortion by larceny, chargeable as grand larceny in the fourth degree.
After the affair with Irina fails, Tony decides to begin a new affair, this time with Gloria. Tony begins to financially support Gloria just as he did with Irina, however, Gloria struggles with rage issues. One day, as she is cooking dinner for Tony, Tony receives a phone call. He needs to leave for work. Gloria gets angry and throws a London broil that she is cooking Tony at his head then starts hitting him with the broom. Tony runs out the door, but, is frightened by Gloria’s violent temper. Later, when he returns, Tony decides to end the affair with Gloria. Gloria demands that Tony stay in the relationship with her and continue financially supporting her or she will stick fork in Tony’s eye. Gloria has committed larceny by extortion chargeable as grand larceny in the second degree.
In situations where a defendant is accused of threatening to have criminal charges initiated against an other person, it is a defense that the defendant actually believed that the criminal charges were in fact true, and that the defendant’s entire reason for threatening to charge the other person with a crime was to simply have them make amends for their crime. Extortion must be specifically plead and mere inclusion of the crime as boilerplate on a criminal information is not sufficient.
If you or someone you love has been accused of larceny by extortion in New York, call our experienced New York criminal defense attorneys today. Our experienced New York criminal trial attorneys can present the facts in a way that may cause your criminal charges to be reduced or dismissed. Call our office for a free consultation today.