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J.Hazelbaker
J.Hazelbaker, Lawyer
Category: Criminal Law
Satisfied Customers: 4385
Experience:  Extensive training and experience in criminal law matters, both prosecuting and defending.
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what exactly qualifies as black mail and what is the punis

Resolved Question:

what exactly qualifies as black mail and what is the punishment
Submitted: 6 years ago.
Category: Criminal Law
Expert:  J.Hazelbaker replied 6 years ago.

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

Blackmail and extortion have been consolidated into a single offense. See Penal Code 31.02:

J.Hazelbaker :

§ 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.

J.Hazelbaker :

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.

JACUSTOMER-u4nvgkum- :

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.

J.Hazelbaker :

You can contact the district attorney and file a complaint.

JACUSTOMER-u4nvgkum- :

isnt what she is doing allegal?

J.Hazelbaker :

Yes.

J.Hazelbaker :

It falls under the statute.

JACUSTOMER-u4nvgkum- :

ok what is the most that can happen to her?

J.Hazelbaker :

How much is the truck worth?

JACUSTOMER-u4nvgkum- :

well we still owe roughly 14,000 for the truck

J.Hazelbaker :

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.

J.Hazelbaker :

Here's a link to the criminal penalties, based on the degree of the crime she is charged with.

J.Hazelbaker :

http://www.statutes.legis.state.tx.us/DocViewer.aspx?K2DocKey=odbc%3a%2f%2fSOTW%2fASUPUBLIC.dbo.vwSOTW%2fPE%2fS%2fPE.12%40SOTW&QueryText=penalties%3COR%3Epenalty&HighlightType=1

JACUSTOMER-u4nvgkum- :

is there anyhitng she can do to counter my actions if I plan to take any?

JACUSTOMER-u4nvgkum- :

?

Expert:  J.Hazelbaker replied 6 years ago.
She can follow up on her threat. But, that will only support your complaint. If you can stand the heat of her going to your superior, then there isn't anything else she can do to counter your filing a complaint against her.
Customer: replied 6 years ago.

how long is the process of filing a complaint?

 

Expert:  J.Hazelbaker replied 6 years ago.
It's best to do it in person, but it won't take very long. A couple hours at most.
Customer: replied 6 years ago.

ok I have another question is that ok?

 

Expert:  J.Hazelbaker replied 6 years ago.
Sure.
Customer: replied 6 years ago.

it has to do with the truck. if it is in both of our names who is it most likely to go to?

 

Expert:  J.Hazelbaker replied 6 years ago.
Until there is a legal action by one of you against the other, you both have rights to the vehicle. If one or the other sue for possession or terminate your marriage, then possession would be negotiable and depend on a variety of other factors (e.g. your other marital assets and debt).
Customer: replied 6 years ago.

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?

 

Expert:  J.Hazelbaker replied 6 years ago.
Legal action such as suing for possesion or divorce.

Since you are married and joint owners of the property, unless you take legal action, there is no other way to force her to give up her legal right to the vehicle, unfortunately.
J.Hazelbaker and 2 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.

thank you very much for your help