Criminal Law Questions? Ask a Criminal Lawyer.
Hello. Thank you for using JustAnswer.
Blackmail and extortion have been consolidated into a single offense. See Penal Code 31.02:
§ 31.02. CONSOLIDATION OF THEFT OFFENSES. Theft as defined in Section 31.03 constitutes a single offense superseding the separate offenses previously known as theft, theft by false pretext, conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property, and receiving or concealing stolen property.
Blackmail is when you threaten to injure or cause harm to another in order to compel them to take some action. Essentially, it is the theft of their will, or coerced action.
ok so here is my situation. My wife has said that she will comtact my higher in command with something that I have done wrong if I do not sign the truck that is in both of our names over to her before the 7th of nov. what can I do for myself, how can I make her learn her lesson.
You can contact the district attorney and file a complaint.
isnt what she is doing allegal?
It falls under the statute.
ok what is the most that can happen to her?
How much is the truck worth?
well we still owe roughly 14,000 for the truck
It depends on the value of the property she is attempting to extort and her criminal background. But, as a ballpark, she would be looking at a maximum of 180 days jail and $10k fine.
Here's a link to the criminal penalties, based on the degree of the crime she is charged with.
is there anyhitng she can do to counter my actions if I plan to take any?
how long is the process of filing a complaint?
ok I have another question is that ok?
it has to do with the truck. if it is in both of our names who is it most likely to go to?
what do you mean by legal action? and I am in the mil i make enough money to support myself and finance the truck on my own her on the other hand. she is going to college and has a part time job barely above the min. wage and she has had the job for only about a month. would that help me get the truck back or is it solely on us fighting for it untill one of us gets tired of fighting for it?
thank you very much for your help
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).