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What is extortion? What is extortion by intimidation? Extortion is a crime in which one person forces another person to do something against his or her will. This generally is the giving up of a person’s money or other property, by being threatened; or damage to a person’s property or reputation. Extortion involves a victim’s consent, but the consent is obtained illegally. If you have been the victim and want to know the steps you should take in defending yourself, online Experts are available to assist you.
Read below where Experts have answered these questions and more for victims.
It may be possible to reduce the felony to a misdemeanor and then have it expunged. However, under California law, a person may not petition the court to have this done until probation has been completed, or a person has filed for and received an early termination of probation from the court, which normally requires completing at least 50% of a probation sentence before a court will even consider it.
The Nevada statute is as follows: “NRS 205.320 Threats. A person who, with the intent to extort or gain any money or other property or to compel or induce another to make, subscribe, execute, alter or destroy any valuable security or instrument or writing affecting or intended to affect any cause of action or defense, or any property, or to influence the action of any public officer, or to do or abet or procure any illegal or wrongful act, whether or not the purpose is accomplished, threatens directly or indirectly: (1) To accuse any person of a crime;(2) To injure a person or property;(3) To publish or connive at publishing any libel; (4) To expose or impute to any person any deformity or disgrace; or (5) To expose any secret.”
The Mississippi Code, Section 99-1-5 provides that prosecution of an individual must be commenced within two years of the date that he or she committed the crime. The Mississippi Code does not specifically mention what crimes are included in this Two-Year-Statute of Limitations, but it specifically excludes certain crimes. Therefore, if a crime is not specifically excluded it is subject to the Two-Year Statute of Limitations. The Section is as follows: “Section 99-1-5. Time limitation on prosecutions. “A person shall not be prosecuted for any offense, with the exception of murder, manslaughter, aggravated assault, kidnapping, arson, burglary, forgery, counterfeiting, robbery, larceny, rape, embezzlement, obtaining money or property under false pretenses or by fraud, felonious abuse or battery of a child as described in Section 97-5-39, touching or handling a child for lustful purposes as described in Section 97-5-23, sexual battery of a child as described in Section 97-3-95(1)(c), (d) or (2) or exploitation of children as described in Section 97-5-33, unless the prosecution for such offense be commenced within two (2) years next after the commission thereof, but nothing contained in this section shall bar any prosecution against any person who shall abscond or flee from justice, or shall absent himself from this state or out of the jurisdiction of the court, or so conduct himself that he cannot be found by the officers of the law, or that process cannot be served upon him.”
In order for the victim to avoid having to testify at the deposition, he or she will need to have an attorney file a Motion to Squash the subpoena, alleging this is being done as harassment. This will have to be decided by a judge.
Extortion by intimidation are threats to cause physical harm to another, to cause damage to a person’s property, to subject another person to physical confinement, to accuse someone of a crime, to expose a secret tending to subject someone to hatred, contempt, or ridicule, or to take action or withhold action as an official. The California court has held that extortion by intimidation may be to do an unlawful injury to the person or property of the individual threatened or a third person, or to accuse the threatened individual, or relative, or member of his or her family, of any crime, or to expose, or to impute to him or her any deformity, disgrace or crime; or to expose any secret affecting the particular person or his or her family.
Many people have been victims of extortion. As a victim, it is important to know your rights and what steps to take against someone. Verified legal Experts are available to assist you at your convenience.
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