One of these offenses will find its way into any potential criminal proceeding as long as the elements of PL 155.05(2) are satisfied. Whether you are alleged to have blackmailed someone for $100, $1,000,000 or even for a brand-new Mercedes Benz, or you are the victim of the same conduct. None of this, of course, precludes additional and potential more serious crimes from being pursued. Definition, Penalties & Examples of PL 155.30(6) PL 155.40(2)ĭepending on the conduct of the alleged abuser, there are different degrees of this theft offense that may be applicable. Perform any other act that serves not materially benefit to the victimizer but which is calculated to harm another person materially with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.Īssuming one or more of these bulleted elements are satisfied, prosecutors, or your criminal lawyer should you as a victim wish to keep your matter out of law enforcement hands, can then pursue an arrest or indictment involving either New York Penal Law 155.30(6) or New York Penal Law 155.40(2).As a public servant, abuse his or her position and authority to adversely affect another person.Testify or provide information, or hold back the same, relating to another person’s legal defense or lawful claim.Irrespective of its truthfulness, represent a secret or publicize as fact something that will subject another person to hatred, contempt or ridicule.Accuse another person, not necessarily the extortee, of a crime or cause the commencement of criminal charges against him or her.Inflict a legally defined “physical injury” to the extortee or another person.This is not merely an “ask,” but the extortee, under duress, agrees to do so because the threatener instills in him or her fear that if the property is not turned over, the extorter or someone else will do one or more of the following: Definition, Elements & Basics of PL 155.05(2)īecause there are numerous statutes and levels of offenses associated with Grand Larceny by Extortion, it is imperative to secure an understanding of the mandatory elements no matter which offense is the subject of an arrest, indictment or complaint.Ī person illegally obtains property in this manner when he or she forces or persuades his or her target to deliver certain property, very often a sum of money, to himself, herself or to a third person. From “mere” humiliation to incarceration up to a minimum of four or even twenty-five years, securing the best legal advice to defend or protect yourself is critical. Irrespective of which felony you face in court or find yourself being victimized by, the consequences to all parties are grave if mishandled. As your counsel will advise, accusations routinely involve other wrongful conduct including Stalking, Coercion, Aggravated Harassment, Revenge Porn and more, but the main or central foundational offenses are either New York Penal Law 155.30(6) or New York Penal Law 155.40(2). Whether you are an alleged perpetrator or target of an extortive act or act, Blackmail and Extortion is codified as Grand Larceny and a singular crime pursuant to New York Penal Law 155.05(2)(e). Here's how their lawyers discreetly fight back.ĭefending those accused of Extortion and helping victims of Blackmail, the criminal lawyers and former Manhattan Assistant District Attorneys at Saland Law have both prosecuted and represented individuals in circumstances that would seem unfathomable but for the fact that these individuals find themselves immersed in terrifying situations. 'Sextortion' attacks on the rich and famous are on the rise.
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