toronto extortion lawyer criminal code section 346Toronto Extortion Lawyer

Michael P. Juskey is a Toronto Extortion lawyer that is here to fight for you.  Our office has successfully defended hundreds of criminal charges and we offer exceptional service, professionalism and results.  Extortion is categorized as an “Offence Against Rights of Property”.  The Court of Queen’s Bench of Alberta classified extortion as, “intimidation and interference with freedom of choice” (R. v. Barros (2016 ABQB 243).  Section 346 of the Criminal Code of Canada states:

 (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.

The offence covers a range of behaviours but mainly criminalizes the act of trying to get someone to do something by threats, violence or other means.  The crown attorney must prove that the accused used threats, accusations, menaces or violence with the purpose of inducing them to do something.  The accused must have an intention to obtain something from the victim and must be acting without a reasonable justification or excuse.   A threat to initiate civil law proceedings is not an offence in this section.

There are many defences to an Extortion charge including reasonable justification or excuse and insufficient evidence.  Minus documentary evidence which establishes some form of communication (emails, text messages etc) the credibility of the complainant is often a live issue.  You should speak with your lawyer and tell them about the circumstances of the allegations which will assist them in exploring viable defences.  Our office has dealt with these situations and can help you avoid jail and a criminal record.

What is the Punishment for Extortion?

Extortion is a straight indictable offence which means the crown cannot elect to proceed summarily (lesser penalties).  The offence is punishable by a maximum sentence of life in prison.  It is an aggravating factor on sentencing for the offence to be committed with a firearm and for the benefit of a criminal organization.  In such cases the mandatory minimum sentence is five years in a penitentiary for a first offence and seven years in prison for a subsequent offence.  If a firearm is used in the commission of the offence and it was not committed for the benefit of a criminal organization, the minimum sentence is four years in a penitentiary.

Michael offers professional guidance and strong legal representation for Extortion charges

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If you or a loved one are facing extortion and fraud charges there is no substitute to having an experienced criminal lawyer on your side.  Call 416-428-2760 now to speak with a Toronto Extortion Lawyer. 

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