Extortion
Have you been charged with Extortion?
A charge of Extortion under Section 415 of Criminal Code 1899 (Qld) is a serious offence in Queensland and can often result in severe penalties, including imprisonment.
The seriousness of this offence stems from its potential to cause significant harm, whether through threats of violence, financial loss, or coercion. Extortion is considered a serious criminal offence as it involves making demands with threats to force compliance.
If you are charged, seeking legal advice early from an experienced Brisbane criminal lawyer can make a significant difference to the outcome.
Our highly experienced criminal defence lawyers have extensive experience in defending extortion charges. Contact us today to see how we can help your case.
What is Extortion?
Under Section 415, a person commits extortion if they make a demand without reasonable cause and do so with intent to either gain a benefit for any person (including themselves) or cause a detriment to another person, accompanied by a threat to cause that detriment.
The law makes it clear that extortion can still apply even if the threat is general in nature, or if the demand is made publicly rather than directed at a specific person. It is also immaterial whether the threat is carried out by the person making the demand or by someone else.
What is the penalty?
If convicted, the maximum penalty for Extortion varies based on the severity of the threat and its impact:
Life imprisonment - if the threat causes or is likely to cause serious personal injury to another person.
Life imprisonment - if the threat causes or is likely to cause substantial economic loss in a business or industry.
14 years imprisonment - for all other cases.
These penalties highlight the seriousness with which courts treat extortion cases, with sentencing influenced by:
The nature and severity of the threat
The extent of harm or financial impact on the victim
Whether the accused has any prior criminal history
What are strategies to defend Extortion?
Our experienced criminal lawyers take a strategic approach to each case, carefully analysing the evidence and circumstances to develop the strongest defence.
Common defences may include:
Lack of intent - The defendant did not intend to threaten or cause harm when making the demand.
Reasonable cause - The demand was made for a reasonable cause, such as recovering a legally owed debt.
Mistaken identity – The prosecution cannot prove that the defendant was the person making the demand or threat.
No threat made - The defendant did not make any threat, or their words were misinterpreted as a threat.
In some cases, negotiations with the prosecution may lead to charges being withdrawn or reduced.
What should I do if I have been charged?
If you are charged with Extortion, it is essential to:
Avoid discussing the case with anyone except your lawyer.
Refrain from contacting the complainant and any potential witness.
Retain any relevant evidence including electronic communications.
Ensure you are aware of your next court date and location.
Seek legal representation as soon as possible.
The early stages of the case are critical. Our experienced Brisbane criminal lawyers will carefully review the evidence and develop a strategic defence tailored to your situation.
Contact Us
If you or someone you know has been charged with Extortion, contact Ashworth Lawyers today.
Call us on (07) 3012 6531 or complete a Quick Enquiry on our website for a confidential discussion with one of our experienced Brisbane criminal lawyers.