Extortion Lawyer In Des Moines
Iowa Code Section 711.4 provides the definition for "extortion." Extortion is always a felony under state law.
In order to prove that you committed extortion, the government must show that you threatened to do one of the following things:
- Injure someone.
- Commit a public offense.
- Accuse someone of a public offense.
- Expose someone to hatred, contempt, or ridicule.
- Harm someone's credit OR Harm someone's business or professional reputation.
- Take or withhold action as a public officer or employee.
- Cause a public official or employee to take or withhold action.
- Testify or provide information about a legal claim or defense.
- Withhold testimony or information about a legal claim or defense.
- Wrongfully injure someone's property
Additionally, the government must prove that you made that threat for the purpose of getting something "of value" for yourself or for someone else. The "value" doesn't have to be financial value. The thing you tried to get doesn't have to be something physical, like cash -- it could include labor or services.
Penalties for Iowa Extortion
Extortion is a Class D felony offense.
If you're convicted of extortion, a judge may sentence you to prison for a term not to exceed five years. Additionally, you will have to pay $1,025 - $10,245 in fines.
You will have to pay victim restitution and an additional 15% surcharge on any fine.
Loss of Gun Rights
Felons don't get guns in Iowa.
Extortion Enhancements
Habitual Offender
If you are convicted of Class "D" felony Extortion and you have two or more previous felony convictions from any jurisdiction, you may be charged as a "habitual offender."
The penalty for a habitual offender is a prison sentence of up to 15 years, rather than a prison sentence of up to 5 years.
If you're sentenced to prison as a habitual offender, you won't be eligible for work release or for parole for at least 3 years.
Extortion Lawyer Explains Defenses to Extortion
- Mistaken Identity - If it's reasonable to think that someone else was the person committing the offense, then you shouldn't be held responsible.
- Alibi - Were you somewhere else? If you were testifying in front of Congress at the time of the alleged offense, the jury should hear about your alibi.
- Fourth Amendment Search and Seizure - The Fourth Amendment, with some specific and well-delineated exceptions, guards you from warrantless searches and seizures.
