Domestic Violence and Extortion

At the Orange County Law Office of David P Schwarz we have defended numerous domestic violence and extortion cases. Please contact our office at 949 735 9266 or via the web. We can also be contacted by email at dpslaw66@gmail.com.

A domestic violence attorney will help you defend against accusations the client used extortion to gain economic benefits unlawfully. Extortion is obtaining property from another with that person's consent, or obtaining an official act of a public officer, induced by the wrongful use of force or fear, or under color of official right.

A domestic violence lawyer will help you defend charges of kidnapping and extortion. There can be confusion whether there is a kidnapping for extortion or just extortion or just kidnapping charges. A good lawyer will clarify the charges you might find yourself in and makes that there is no overcharging going on with the district attorney

The statute does not require that the person extorted be someone other than the kidnaped victim. It encompasses a kidnaping “for ransom, reward or to commit extortion or to exact from another person any money or valuable thing.” Because the statute is phrased in the disjunctive, it describes four different types of aggravated kidnaping: (a) for ransom; (b) for reward; (c) to commit extortion; and (d) to exact from another money or a valuable thing.

At the Orange County Law Office of David P Schwarz. The crime of extortion under P.C. 518 does not require that the fruits of the extortion be obtained from a third party, and application of the “another person” language of the fourth type of aggravated kidnaping to the first three types is precluded by the disjunctive language of the statute. (People v. Ibrahim, supra.)

A Domestic violence lawyer will help you claim proper defenses to the charges of extortion as they are quite specific. A few defenses that will not be held to be valid claims to the chares of extortion are: The belief that the victim owes a debt is not a defense to the crime of extortion. The claim-of-right defense does not extend to the crime of extortion.  It is no defense to the accusation of extortion that the charges or publications threatened to be made by the defendant, and by which he obtained valuable property, were true.  There is no good-faith exception based upon rightfulness of claim to money, for extortion or kidnapping for ransom.  

Defendant accused of kidnapping for ransom could not defend on grounds that he had good-faith claim to $50,000 demanded as ransom, by reason of victim's alleged participation in burglary at defendant's home, during which defendant's daughter was tied up and $50,000 worth of money and jewelry was taken.

At the Orange County Law Office of David P Schwarz we have litigated numerous domestic violence and extortion cases. Please contact our office at 949 735 9266 or via the web. We can also be reached by email dpslaw66@gmail.com.

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