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Theft by Extortion: NJSA 2C:20-5

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William A ProettaReviewsout of 30 reviews Keith G OliverReviewsout of 55 reviews

Somerset County NJ Theft by Extortion Lawyer

Have you been charged with theft by extortion in New Jersey? If so, we strongly recommend that you speak to a knowledgeable criminal defense attorney as soon as possible. Unlike most theft related offenses in New Jersey, theft by extortion charges are not graded based on the dollar amount of the loss. Pursuant to NJSA 2C:20-5, theft by extortion is always a second degree felony offense. Theft by extortion charges can stem from a variety of different reasons, however, the most common factual scenario that we see is when someone attempts to blackmail someone. Regardless of the factual scenario, if you have been accused of theft by extortion, the Law Offices of Proetta & Oliver can help. Our Somerset County criminal defense lawyers fully understand what the potential ramifications of a second degree conviction can do to not only someone’s life but their families as well. If you would like to come into our office for an initial consultation then please contact our Bridgewater office at 908-533-1064. One of our criminal defense attorneys would be glad to sit down to discuss the specific facts of your case and formulate a game plan that works best to suit your needs. Our firm serves all of Somerset and Hunterdon County, including towns like Clinton, Readington, Raritan, Bridgewater, Bound Brook, Hillsborough, Bedminster, Bernards, Watchung, Somerville and Flemington. This is a very serious criminal offense and should not be taken lightly, so if you have any questions whatsoever, please do not hesitate to contact us.

Facing a Theft by Extortion Charge in New Jersey?

Theft by extortion is a second degree felony offense in New Jersey. It basically seeks to prosecute anyone who purposely and unlawfully obtains the “property” of another by using some form of extortion. Pursuant to NJSA 2C:20-5, which is the governing statute for theft by extortion, spells out what will qualify as “extortion”. Which are as follows, when a Defendant threatens to:

  • Inflicts bodily injury on or physically confine or restrain anyone or commit any other criminal offense.
  • Accuse anyone of an offense or cause anyone to be charged.
  • Exposes any secret or any asserted fact with the intent to subject any person to hatred, contempt or ridicule, or to impair (his/her) credit or business repute.
  • Take or withhold action as an official or cause an official to take or withhold action.
  • Bring about or continue a strike, boycott or other collective action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act.
  • Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense.
  • Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person.

So, as you can see, their are various different ways in which someone could find themselves charged with theft by extortion. But, the underlying theme behind all of the potential ways in which someone can be charged with theft by extortion is some form of a blackmail in order to get someone to turn over property. If you have been charged with theft by extortion, theft by deception, receiving stolen property, theft of services, theft of moveable property, passing a bad check or any other criminal offense for that matter, it is imperative that you speak to attorney about your options.

Is Theft by Extortion a Felony in NJ? Is there Jail Time?

Yes, theft by extortion is considered a felony offense in New Jersey. As stated earlier, it is a second degree felony offense. If convicted, a Defendant would be subject to a potential five to ten years in prison, a fine up to $150,000, a felony criminal record and restitution if applicable. Since this is second degree felony offense, a presumption for imprisonment applies. Which means, more likely than not, if convicted, a Defendant would be sentenced to a term of incarceration. With that being said, there are a couple diversionary programs which a Defendant may be able to take advantage of, which could help avoid incarceration. Those programs are the Pretrial Intervention Program and Drug Court. For more information on these programs, please contact our office at 908.533.1064.

Hunterdon County NJ Theft by Deception Attorney

Proetta & Oliver defends those accused of theft related offenses like theft by deception, shoplifting, burglary, robbery, theft by extortion and credit card fraud in courts throughout New Jersey, including courts throughout both Somerset and Hunterdon County. If you would like to schedule a free initial consultation today with one of our lawyers then please contact our office at 908.533.1064 or you can try contacting us online. One of our lawyers would be glad to go over the specifics of your case and give you our honest feedback on how we can be of assistance.  We serve all of Somerset and Hunterdon County, including South Bound Brook, Green Brook, Manville, Watchung, Union, Plainfield, Flemington and Bridgewater.