A lot of people associate extortion with mob bosses and their underlings collecting “protection money” from all the people in the neighborhood by threatening to beat them up or destroy their property if they don’t pay, but the definition of extortion is considerably broader than the media stereotype may suggest.
Texas law categorizes extortion and blackmail as the same criminal offense. You can face this charge if you are accused of threatening someone in order to pressure them to give you money or valuable property. In ordinary speech, blackmail usually refers to threatening to reveal damaging information about people if they don’t pay, whereas extortion involves threats of physical violence or destruction of property. At the federal level, the Hobbs Act imposes additional penalties for extortion when it occurs in certain contexts.
If you are facing criminal charges for extortion in state or federal court, contact a Texas white-collar crime lawyer.
When Is Extortion a Felony in Texas?
Texas law grades the crime of blackmail or extortion according to the value of the property obtained by coercion or threats. If the value of the property is less than $2,500, then extortion is a misdemeanor. If it is more than that, the following felony charges can apply:
● State jail felony – if the property is valued between $2,500 and $30,000 or if, regardless of value, it is a firearm or fewer than ten sheep, goats, or pigs. Extortion is also a state jail felony if the extorted property is of modest value but the defendant has prior convictions for extortion.
● Third-degree felony – if the property is valued between $30,000 and $150,000 or if, regardless of value, it is cattle, horses, exotic animals, or ten or more sheep, goats, or pigs.
● Second-degree felony – if the property is valued between $150,000 and $300,000 or if, regardless of value, it is an ATM.
● First-degree felony – if the value of the property is more than $300,000.
If you allegedly communicated with someone in another state in order to extort money or property from him or her, your case could go through federal court.
What Is the Hobbs Act, and Does It Apply to Your Extortion Case?
The Hobbs Act of 1946 is a federal law that prohibits extortion or attempted robbery when the purpose of the extortion or robbery is to disrupt interstate commerce. Hobbs Act charges usually occur in conjunction with conspiracy charges. While its original goal was to prevent organized crime, a considerable number of defendants have been unfairly accused of Hobbs Act violations when, in fact, they were only exercising their right to participate in labor unions. If you are being accused of Hobbs Act violations in connection with labor union activity, you should hire a lawyer.
Contact The Law Office of Patrick J. McLain, PLLC About Extortion Cases
You should hire a Dallas criminal defense lawyer if you are being accused of blackmail, extortion, or Hobbs Act violations. Contact The Law Office of Patrick J. McLain, PLLC, to discuss your case.