New Jersey Theft by Extortion

Theft by extortion is a serious offense in New Jersey that carries prison time and steep fines. If you are convicted of this theft crime, you may also suffer damage to your reputation and face limited work, education, and housing opportunities. However, a skilled New Jersey criminal defense lawyer can protect your rights.

Our founding attorney, Jason A. Volet, has handled more than 4,000 criminal cases in a legal career that spans two decades. With his background as an assistant prosecutor and criminal defense attorney, he knows how to develop effective defense strategies for clients charged with extortion or other serious crimes.

Contact us today to discuss your case and learn more about our proactive approach to serving our clients at The Law Office of Jason A. Volet. We are available 24/7, and our initial consultations are free and confidential.

How Does New Jersey Law Define Extortion?

Under N.J.S. § 2C:20-5, theft by extortion occurs when someone uses specific threats to obtain another person’s property, including threats to unlawfully:

• Cause bodily harm
• Restrain or confine the victim
• Commit another criminal offense against the victim
• Accuse the victim of a crime or cause charges to be pressed against them
• Expose a fact that would harm the victim or their reputation
• Bring a collective action, such as a boycott or strike, under certain circumstances
• Testify or withhold testimony in the victim’s legal claim/defense.

The law does not limit extortion to these threats. Any threat of harm to the victim could constitute extortion, regardless of whether the defendant would benefit from the threatened actions.

What Are the Four Elements of a New Jersey Extortion Charge?

For a jury to convict someone of theft by extortion, prosecutors in New Jersey must prove four elements (or facts) beyond a reasonable doubt. The prosecutor must show that the defendant:

• By use of threats (as enumerated in the statute)
• Unlawfully (meaning the defendant’s demands for the property either violated the law or lacked any basis in law, which distinguishes extortion from lawful conduct such as collection activities or business negotiations)
• Intentionally (meaning the defendant made the threat to carry out a theft)
• Acquired or attempted to obtain property from the victim.

Beyond a reasonable doubt is the strictest standard of proof in New Jersey’s legal system. If even one juror finds any reason to believe you did not commit any one of the elements, they must vote to acquit you.

What Are Some Examples of Extortion?

Extortion can take many different forms. A few scenarios that may constitute the offense include the following:

• Someone demands “protection money” from a business owner and threatens to harm them if they do not pay.
• Someone discovers damaging information about their neighbor and threatens to divulge it if they do not pay.
• A government employee demands that a contractor pay them to get a project approved, and the payment is not officially prescribed in law.
• Someone threatens to file false charges against their old business partner unless they transfer assets.
• An employee threatens to reveal trade secrets or confidential information unless they receive a raise or promotion.

These examples have different underlying circumstances, from blackmail to official corruption. However, in each instance, the defendant intentionally uses a threat to obtain money or property unlawfully.

What Is the Difference Between Extortion and Criminal Coercion?

New Jersey law differentiates between theft by extortion and criminal coercion, which is codified in N.J.S. § 2C:13-5. Both charges address a defendant making threats to manipulate a victim. However, what matters for prosecutors is the defendant’s alleged aims.

Someone commits theft by extortion when they use threats to obtain money or property unlawfully. Criminal coercion, on the other hand, occurs when someone uses threats to compel someone else to act against their will or as they freely choose. The goal of criminal coercion is behavioral, not financial or material.

In New Jersey, prosecutors can charge a defendant with theft by extortion and criminal coercion based on the same set of facts. For instance, the defendant may use threats to obtain the victim’s property and restrict their freedom of action.

What Are the Degrees and Penalties in New Jersey for Extortion?

Theft by extortion is a second-degree crime under N.J.S. § 2C:43-6, making it one of the most serious theft offenses in the state. A conviction carries a minimum sentence of five years in a state prison and a maximum $150,000 fine. The judge may also order the defendant to pay restitution.

Under N.J.S. § 2C:44-1, second-degree crimes have a presumption of imprisonment. Barring exceptional circumstances, courts must lean toward prison time even for a first offense. After someone is sentenced for extortion, they must serve at least one-third of the prescribed time before they can pursue parole.

Beyond the immediate penalties for theft by extortion, you may also face the following consequences if you are convicted of the offense:

• Job loss and future employment difficulties
• Revocation of professional licenses
• Difficulties getting approved for new housing or educational opportunities
• Loss of voting rights until you are released from prison, paroled, or complete your sentence.

Can a New Jersey Extortion Charge Be Expunged?

Generally, New Jersey allows you to expunge one indictable offense and three disorderly persons offenses. There is a mandatory five-year waiting period in most cases. To be eligible, you must complete all relevant supervision requirements.

New Jersey law lists specific crimes that cannot be expunged, such as aggravated sexual assault and murder. Theft by extortion is not on the list. Your eligibility will depend on the circumstances of your case. You likely cannot expunge a theft by extortion charge if it was related to a different crime that cannot be expunged.

New Jersey’s clean slate provision, found in N.J.S. § 2C:52-5.3, allows you to pursue a complete expungement of most arrests and convictions after 10 years if you keep a clean record, complete parole or probation, and pay off all fines.

Contact a New Jersey Theft by Extortion Lawyer

If you’ve been charged with theft by extortion in New Jersey, attorney Jason A. Volet and our legal team are ready to evaluate your case, offer personalized advice, and build a strong defense on your behalf. Mr. Volet is certified as a Criminal Trial Attorney by the Supreme Court of New Jersey. He has the resources, knowledge, and dedication to advocate for your rights and dignity at every step. Contact us today for a free initial consultation.

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