Extortion Lawyers

If you’re being investigated for or formally charged with extortion, don’t make the mistake of navigating the criminal justice system alone.

Call (604) 669-6699 (available 24/7) or email info@penderlitigation.com to chat with an experienced lawyer ASAP.

Extortion accusations can lead to significant jail time, fines, restitution, probation, reputational damage and a criminal record, impeding your ability to travel and secure gainful employment. But extortion cases can be won. Pender Litigation is specially equipped to examine the circumstances of your case and launch a tactical defence.

Our first consultation is privileged and confidential, with no obligation on you.

When we meet, we’ll discuss your case and any related documents you can provide; answer your questions; and provide you with the estimated cost of retaining our services.

Extortion cases can be won.

When you retain Pender Litigation, you’ll advance with an experienced extortion lawyer by your side and our entire team of criminal defence lawyers ready to assist the lawyer handling your case. Our team-based approach means your defence is strengthened by the skill and insight of multiple lawyers whose backgrounds include both defending and prosecuting offences.

 

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What is Extortion?

Extortion occurs when you attempt to cause any person to do anything through threats or coercion. Threatening to expose someone for something, true or fabricated, unless they pay you money is a classic form of extortion. 

Online extortion tactics, like sextortion and ransomware attacks, are becoming increasingly common. Sextortion occurs when you threaten to publicize sexually explicit images or video, real or fabricated, unless the subject of the content pays you a sum of money. Ransomware attacks take place when you hack a computer system and encrypt the data, refusing to decrypt it until a ransom is forfeited. 

Extortion in the Criminal Code of Canada

Regarding extortion, section 346 of the Criminal Code states

346 (1) Every one commits extortion who, without reasonable justification or excuse and with intent to obtain anything, by threats, accusations, menaces or violence induces or attempts to induce any person, whether or not he is the person threatened, accused or menaced or to whom violence is shown, to do anything or cause anything to be done.

Extortion

(1.1) Every person who commits extortion is guilty of an indictable offence and liable

(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

(i) in the case of a first offence, five years, and

(ii) in the case of a second or subsequent offence, seven years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(b) in any other case, to imprisonment for life.

Subsequent offences

(1.2) In determining, for the purpose of paragraph (1.1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

(a) an offence under this section;

(b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

(c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1 or 344 if a firearm was used in the commission of the offence.

However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

Sequence of convictions only

(1.3) For the purposes of subsection (1.2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

Saving

(2) A threat to institute civil proceedings is not a threat for the purposes of this section.