If you have been wrapped up in a Theft by Extortion accusation or arrest, it is crucial that you contact an experienced criminal defense attorney. Theft by Extortion charges are incredibly serious and carry a presumption of incarceration up to ten (10) years. This is not including any other penalties you may be facing for additional charges. Moreover, the County Prosecutor may move for your pretrial detention without bail based on your Second Degree Theft By Extortion charges. If this happens the judge decides to detain you, then you will be held at the Burlington County Jail during the entire pendency of your case. You should contact a NJ Detention Hearing Attorney to fight any pretrial detention motion filed by the prosecutor’s office. For an immediate and complimentary consultation with a Burlington County Theft by Extortion Attorney today, please call (609) 850-8284.
What is Theft by Extortion? What are the elements of this crime? Well, for a comprehensive explanation on the criminal offense “Theft by Extortion”, look no further than N.J.S.A. 2C:20-5. However, for a more straightforward analysis of this theft offense, this explanation should help. Essentially, Theft by Extortion occurs when an individual acquires the property of another through some form of an extortion. As you may have gathered, the key to any of these cases is “was there a form of extortion involved?” Under N.J.S.A. 2C:20-5, the court may consider the following acts as “extortion” in a Theft by Extortion case:
Purposeful threat to inflict bodily injury, physically confine or restrain anyone or commit any other criminal offense
Purposeful threat to accuse anyone of an offense or cause charges of an offense to be instituted against any person
Purposeful threat to 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
Purposeful threat to take or withhold action as an official, or cause an official to take or withhold action
Purposeful threat to 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
Purposeful threat to testify or provide information or withhold testimony or information with respect to another’s legal claim or defense
Purposeful threat to inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person
Can I Go to Jail for a Theft by Extortion in Burlington County NJ?
Most clients first concern about their criminal charges involve the question “Will I Go to Jail?” The answer is typically fact-specific. First time offenders may be able to avoid incarceration for criminal offenses that do not involve mandatory imprisonment. Even better, certain first time offenders may be eligible for diversionary programs like Pretrial Intervention (PTI) and avoid a conviction altogether. However, every case is different. For Second Degree Theft by Extortion charges, you are facing between five (5) and ten (10) years in a New Jersey State Prison, a $150,000 fine and a felony criminal record. Depending upon the nature of your charges and the facts of you case, the term of imprisonment may avoidable. To learn more about the criminal penalties for Theft by Extortion, please contact our office.
Moorestown NJ Theft by Extortion Lawyers
The Burlington County Criminal Lawyers at Proetta & Oliver have handled thousands of criminal cases throughout their careers. We understand the intricacies involved in each criminal case and can help identify weaknesses may exist int he State’s case. Firm Partner, William C. Fay, Esq., is a former New Jersey Deputy Attorney General. Having spent part of his career investigating and prosecuting cases with the Attorney General’s office, Mr. Fay is well-prepared to represent you in your matter. Do not let one momentary lapse in judgement result in a permanent criminal record. With you freedom possibly at stake, it is imperative that you obtain experienced legal representation. For an immediate and complimentary consultation with Mr. Fay, please dial (609) 850-8284. We can be reached day and night for your convenience, please do not hesitate to call with any questions or concerns.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have four office locations conveniently located in Mount Laurel, Point Pleasant, Princeton and Middletown. All major credit cards are accepted.