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By LegalMatters Staff • Whenever someone uses threats, accusations or violence to force someone else to pay money or provide sexual favours, they could be charged with extortion. If found guilty, the maximum sentence is life imprisonment. They may also be fined and ordered to pay restitution payments to the victim.
“Judges have the discretion to impose sentences they think are appropriate,” says Calgary criminal lawyer Greg Dunn. “Harsher penalties will be given to those who use a firearm or if the offence is committed for the benefit of a criminal organization.”
He says some common defences to the charge include there is insufficient evidence to support a conviction.
“Even if the complainant has email or text messages that show they were the victim of an extortion attempt, it can be difficult to firmly establish the origin of that correspondence,” says Dunn. “Your lawyer could argue that someone could have been using your name to cover their tracks.”
He says another defence might be a lack of credibility on the part of the complainant.
“It the honesty of the complainant is an issue, that will allow your lawyer to argue their testimony cannot be trusted,” says Dunn.
He notes there have been some well-publicized news reports about alleged extortion attempts in Alberta recently, including a radio host who was assaulted by two men who complained about his reporting on extortion attempts within the South Asian community.
“Other Albertans have been sent emails claiming that malware planted in their computers had taken compromising photos of them looking at explicit websites,” says Dunn. “Then a $2,000 payment in Bitcoin is demanded, under the threat that the photos will be shared with everyone on the victim’s contact list.”