![]() A first time violator may not face mandatory incarceration unless the theft exceeds $1 million but by no means does that mean he or she won’t get thrown in jail or prison. The sentencing guidelines for White Collar crimes including Extortion are all the same. As such, in this scenario, the class “D” would become a class “E” felony with the associated punishment and penalties. Instead of being charged with the completed offense, for example, Third Degree Grand Larceny, the attempted crime decreases one degree. Should you fail, but made significant attempts, prosecutors still have grounds to arrest and pursue you in a court proceeding. The last factor that impacts the ultimate charge is whether you are successful or not in wrongfully securing the monies. The corresponding crimes are the class “E” felony in the Fourth, class “D” felony in the Third, class “C” in the Second, and class “B” felony in the First Degree. Outside of the above two degrees, the severity of these acts are gauged just as any other value based Grand Larceny crime. This physical injury need not be life altering or ending but as little as to break a finger, busted a lip or even just an old school punch in the gut is sufficient. While a threat to damage that person’s property can raise the severity of the crime, the “classic” way it is perpetrated is where there is a threat to cause a physical injury if the property or monies is not turned over. ![]() This offense is a class “E” felony and occurs when a targeted person turns over property no matter if it is worth $1 or $1 million.Ī significantly more serious offense, Second Degree Grand Larceny, NY Penal Law 155.40(2), is a class “C” felony. ![]() ![]() Fourth Degree Grand Larceny, NY Penal Law 155.30(6), is the generic and automatic felony referenced above. Again, once this legal threshold is met and elements satisfied, the District Attorney can charge a felony and present a case to the Grand Jury regardless of the monies ultimately stolen through these means.Īssuming law enforcement can establish this foundation, the follow up issue or question turns to the degree of the crime. ![]() Expose a secret or fact, regardless of its veracity, that tends to subject him or her contempt or ridiculeĮven if your conduct or the actions of your harasser do not fall within the enumerated threats, if the claim is that you or this person will behave in a manner that will not benefit the actor materially and at the same time it is calculated to significantly harm another’s personal relationships, business, health, career or finances, then it is likely you violated the law.Cause a physical injury to another person.Some of the more common examples of the acts delineated in NY PL155.05(2)(e) are as follows: Coupled with this behavior, the targeted party must give you the property you seek because he or she fears that you or another person will commit a specific act. In general terms, if you compel, intimidate, frighten or coerce another person to give you property (usually, but not necessarily, money) under duress, you have likely satisfied the first element of this offense. NYS Blackmail & Extortion Crimes: FAQ Defining the Law and Code: Penal Law 155.05(2)(e), 155.30(6) & 155.40(2)Įxtortion, the proper legal term for Blackmail, is defined in New York Penal Law 155.05(2)(e). ![]()
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