Los Angeles Blackmail Defense Attorneys

Have You Been Accused of Blackmail in Los Angeles?

Blackmail is an offense that may be prosecuted as a felony in California and under federal statutes. However, there are several elements of the crime that must be proved for prosecutors to convict someone of blackmail.

If you've been charged with blackmail, a skilled Los Angeles white-collar crime lawyer knows how to find holes in the prosecution's case.

At Werksman Jackson & Quinn LLP, our nationally recognized criminal defense attorneys have won cases against some of the most distinguished prosecutors in the nation. This means our lawyers know how to use every available resource to protect your freedom.

Call our Los Angeles law firm at (213) 688-0460 to schedule your case evaluation with one of our experienced white-collar crime attorneys today.

What Is Blackmail?

Blackmail is the act of threatening to harm or embarrass someone if they don't give you money or perform some type of action against their will. It occurs when you tell someone that there will be negative consequences if they don't do what you tell them to do.

In California, this offense may be prosecuted under laws against extortion, which is the attempt to gain property or elicit actions through the use of force, threats, or intimidation. Blackmail charges in California also involve specific elements that the prosecution must prove to secure a conviction.

Firstly, there must be a threat made to unlawfully injure or accuse someone of a crime, leading to damage to the victim's reputation or financial status. This threat is often used to coerce the victim into providing money, property, or services against their will. Secondly, the intent behind the threat is critical; it must be demonstrated that the accused intended to instill fear and gain a benefit from the victim. The prosecution must also prove that the victim believed the threat was genuine and felt compelled to comply.

Examples of blackmail include threatening to:

• Release evidence that a person committed a crime if they don't give you money
• Tell your boss's wife he's having an affair if he doesn't give you a promotion
• Release incriminating pictures of someone on the internet if they refuse to pay you
• Destroy a company's essential data using ransomware if they don't pay you
• Damage a person's property if they don't give money
• Testify against them in a criminal case unless they give you money
• Release embarrassing information about a judge unless she acquits a guilty suspect

What Are Penalties for Blackmail?

Laws against extortion in California carry penalties that include heavy fines and up to 4 years in prison. But if the victim doesn't comply with the blackmailer's demands, then the offender cannot be charged with extortion. In these cases, prosecutors may charge the offender with attempted extortion.

Attempted extortion is a wobbler under California Law. That means the district attorney may decide to prosecute it as a misdemeanor or a felony. Prosecution for attempted felony extortion carries fines of up to $10,000 and up to 3 years in prison.

Depending on the related charges, a federal conviction for extortion could put you behind bars for decades. The federal government may choose to prosecute a defendant for blackmail if the offense:

• Affects interstate or foreign commerce
• Involves a significant federal interest
• Threatens foreign officials, official guests, or protected people
• Is committed by US government officials
• Is related to drug trafficking or organized crime
• Involves the US mail

What to Do After a Blackmail Arrest

Facing a blackmail arrest can be a daunting experience with significant legal implications. Knowing the right steps to take immediately afterward is crucial to safeguarding your legal rights and building a strong defense. Here are some critical actions to consider following an arrest for blackmail.

Exercise Your Right to Remain Silent

After an arrest for blackmail, exercising your right to remain silent is a critical step in safeguarding your legal rights. Upon arrest, law enforcement officers are required to inform you of your Miranda rights, which include the right to remain silent and the right to an attorney. Remaining silent is not an admission of guilt—rather, it's a protective measure to ensure a fair legal process, as this silence prevents you from inadvertently saying something that could be used against you in court.

It is also important to remain calm and politely decline to answer questions without legal representation present. Any statements made during this period can significantly impact the outcome of your case.

Contacting a Los Angeles blackmail defense lawyer as soon as possible ensures that your responses and actions are strategically guided. They can advise on how to handle law enforcement inquiries and communications, all while working to protect your interests and build a strong defense.

Avoid Talking About Your Case in Custody

When in custody following a blackmail arrest, it is crucial to avoid discussing your case with anyone other than your attorney. Conversations with cellmates, correctional officers, or family members over the phone can be monitored and used as evidence in court. This includes casual remarks or seemingly innocent statements, as they can be misconstrued or taken out of context. Remember, anything you say can potentially be used against you. That's why it's best to exercise caution and refrain from discussing the specifics of your case.

Instead, focus on communicating with your lawyer—they're equipped to handle the intricacies of your legal situation. Your attorney-client communications are protected by privilege, ensuring confidentiality and allowing you to speak openly about your case.

By limiting discussions about your case to your lawyer, you can help prevent unintentional damage to your defense strategy.

Contact Werksman Jackson & Quinn LLP for Help

If you are facing blackmail charges, promptly engaging legal representation ensures that you have a robust defense strategy in place from the outset. Contacting Werksman Jackson & Quinn LLP should be a priority. We understand the gravity of blackmail charges and the impact they can have on your life.

Our firm is dedicated to providing effective legal defense with a focus on protecting your rights and achieving the best possible outcome. We are familiar with the complexities of blackmail cases in Los Angeles and offer personalized guidance tailored to your specific situation. We will meticulously analyze the evidence, identify weaknesses in the prosecution's case, and explore all legal avenues to defend your interests.

The Process for Los Angeles Blackmail Cases

Blackmail cases in Los Angeles follow a structured legal process, which typically includes several key steps:

1. Investigation: Law enforcement begins by gathering evidence, interviewing witnesses, and building a case. This stage is crucial for determining the viability of charges.
2. Arrest and Charges: If enough evidence is found, the accused may be arrested and formally charged with blackmail. This involves booking and an initial court appearance.
3. Arraignment: The accused appears in court to hear the charges and enter a plea. Bail conditions may be set at this stage.
4. Pre-Trial Proceedings: Both sides engage in discovery, exchanging evidence and witness lists. Motions may be filed to suppress evidence or dismiss charges.
5. Trial: If the case proceeds to trial, both the prosecution and defense present their arguments, examine witnesses, and submit evidence.
6. Verdict and Sentencing: The jury delivers a verdict. If guilty, sentencing follows, with penalties based on the severity of the offense and criminal history.

Legal Defenses Against Blackmail

For prosecutors to convict someone of blackmail, they must prove beyond a reasonable shadow of a doubt that every element of the crime occurred. An experienced Los Angeles blackmail defense attorney knows how to attack the weakest part of the prosecution's argument. Effective legal defenses against charges of blackmail include:

• Lack of Intent: The prosecution must prove that the accused intended to extort or coerce the victim. Demonstrating that no such intent existed can be crucial to the defense.
• Disputing the Alleged Threat: This defense involves arguing that the communication was misinterpreted or did not meet the legal threshold of a threat.
• Mistaken Identity: Particularly relevant in cases involving electronic communications, proving that someone else sent the threatening messages can lead to acquittal.
• Lack of Physical Evidence: If the prosecution cannot present tangible evidence linking the accused to the blackmail activities, it can serve as a strong defense, challenging the validity of the claims.
• False Accusations: At times, individuals may be wrongfully accused of blackmail due to misunderstandings or malicious intent from the accuser. Demonstrating that the allegations are unfounded forms a critical defense strategy.
• Lack of Payment or Reward: If it can be shown that the accused did not receive any payment, benefit, or reward from the alleged blackmail, this can be used to dispute the claims, as it negates the core premise of the charge.

How a Los Angeles Blackmail Lawyer Can Help

Through providing legal guidance and support, conducting a thorough case analysis, handling negotiations, and protecting your constitutional rights, an attorney can ensure the accused's rights are vigorously defended.

Legal Guidance and Support

A Los Angeles blackmail lawyer simplifies complex legal terms, explains your rights, and outlines potential outcomes. Acting as a trusted advisor, they help you make informed decisions regarding your defense strategy and plea negotiations. Their support includes emotional reassurance, as facing charges can be stressful. They are also always accessible for questions, fostering a collaborative relationship.

Case Analysis and Strategy

An attorney conducts a thorough case analysis that involves reviewing evidence, such as witness statements and communications, to assess the prosecution's strengths and weaknesses. They identify legal flaws and consider defenses like lack of intent or mistaken identity. They also anticipate the prosecution's arguments, prepare counterarguments, and may negotiate for reduced charges or penalties through plea deals.

Plea Bargaining

Plea bargaining involves negotiating with the prosecution to reduce charges or penalties in exchange for a plea to a lesser offense. A skilled defense lawyer evaluates the prosecution's case and advises on the benefits of a plea bargain. The aim is to achieve a better outcome, like reduced fines, probation, or dismissal of some charges. Managing plea negotiations helps mitigate the impact of blackmail charges and protect your future.

Constitutional Rights Protection

It is crucial that your rights—from arrest to remaining silent, accessing legal counsel, and protection from unlawful searches—are respected. Your attorney scrutinizes your arrest and evidence collection for rights violations. If breaches occur, they can file motions to suppress improperly obtained evidence or challenge charges. This defense strengthens your case and upholds the legal process's integrity.

We Never Stop Fighting for Our Clients

The criminal defense lawyers at Werksman Jackson & Quinn LLP have been recognized for excellence by our peers and featured in news stories by CNN, CNBC, Fox News, the Los Angeles Times, and the BBC. At our firm, our attorneys will fight to ensure the best possible outcome for you.

To speak with one of our experienced blackmail defense lawyers in Los Angeles, contact our firm at (213) 688-0460 for a free consultation.

Additional Information

• The Differences Between Extortion and Blackmail