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By LegalMatters Staff • If you use “threats, accusations, menaces or violence” to force someone else to do something, you could be charged with extortion. In most cases, money sexual favours or tangible property are demanded.
“The charge of extortion is always prosecuted as an indictable offence with a maximum sentence of life imprisonment,” says Calgary criminal lawyer Greg Dunn. “You may also be fined and ordered to pay restitution payments to the victim.”
He says judges have the discretion to impose sentences they think are appropriate, with harsher penalties given to those who use a firearm or act on behalf of a criminal organization.
“Anyone accused of extortion or any type of fraud should seek legal counsel,” says Dunn. “Given the legal complexities surrounding extortion and fraud, anyone accused of these crimes will benefit from the assistance of experienced and knowledgeable legal counsel.”
He explains that the Crown has the burden of showing that the accused was the one behind the extortion attempt, which could be difficult to prove.
“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.”