Theft by Extortion

Theft by extortion is one of the most serious forms of theft offense someone can face in Ocean County because it involves threatening someone in order to coerce them to provide money or property. A conviction for committing theft by extortion in Toms River, Jackson, Berkeley, Lacey, Brick or any other municipality in Ocean County is a second degree crime that can land you in prison for as much as ten (10) years. This is why selecting a skilled attorney to defend you is pivotal in order to maintain your freedom.

Law Offices of Jonathan F. Marshall is comprised of a team of eight criminal attorneys, several of who are former prosecutors, who have over 100 years of cumulative experience defending theft and other charges at the Ocean County Superior in Toms River and elsewhere in the county. A lawyer on our team will conduct a thorough review of the circumstances of you case and outline a plan for defending your theft by extortion offense. This initial effort is provided free of charge by the lawyers at this firm. To speak to an someone immediately, contact our Toms River Office at (732) 286-6500.

The State must demonstrate the following four (4) elements to convict an individual of Theft by Extortion under N.J.S.A. 2C:20-5:

1. That the defendant obtained the property of another;
2. That the defendant obtained the property as a consequence of at least one of the seven types of threats enumerated by the statute (see below);
3. That the defendant purposely made the threat in order to obtain the property; and
4. That the defendant unlawfully obtained the property.

Express threats as well as threats implicit in the situation are covered by this offense. Oral as well as written threats to injure anyone are also included in this offense. The character of the relationship between the victim and the person he chooses to protect is immaterial and the threatened harm need not be unlawful.

Under N.J.S.A. 2C:20-5, there are seven types of threats that will satisfy the second element of the offense. These threats include: 1) threats to inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense; 2) threats to file charges against another; 3) threats to expose or publicize a secret, whether true or false; 4) threat by public official to take or withhold action; 5) threat to strike or boycott; 6) threat to withhold or provide testimony in another’s legal claim or defense; and 7) threat to inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person.

Additionally, as in other types of theft under the Code, the State must prove purposeful conduct on the part of the defendant. In other words, conduct with a conscious object to obtain the other person’s property.

As a crime of the second degree, Theft by Extortion carries severe penalties in Ocean County. If convicted, the defendant will face up to ten (10) years in a New Jersey State Prison and up to $150,000 in fines. Moreover, there is a presumption of incarceration, meaning that there is an extremely high probability that you will be imprisoned for years if you are convicted of this offense.

As you can see from the aforesaid legal discussion, failure to successfully defend this offense will have significant ramifications. Hiring a lawyer who is highly knowledgeable in the defense of theft by extortion can be invaluable in averting these negative consequences. The attorneys at Law Offices of Jonathan F. Marshall have the qualifications you need to provide every chance of avoiding prison and other penalties. An attorney is ready to put our over 100 years of collective experience to work in defending the charge that was filed in Tuckerton, Long Beach, Plumsted, Eagleswood, Ocean Township or another town. Lawyers are available immediately at (732) 286-6500 to assist you in a free initial consultation.