Extortion Charges in Florida
Extortion is treated as a serious felony offense in Florida because it involves threats, coercion, or intimidation used to obtain money, property, services, or some form of advantage. These cases often arise from disputes between business partners, former romantic partners, employees and employers, or online communications where one party allegedly uses threats to force compliance.
Unlike theft or fraud cases, extortion does not require that property actually be taken. The crime may be charged based solely on the threat itself, even if the demand is never fulfilled. Statements made in emails, text messages, phone calls, or social media posts are frequently used as the foundation of extortion prosecutions.
If you are being investigated or charged with extortion in Florida, the consequences can be severe and immediate. These cases require experienced legal counsel who understands how prosecutors interpret threats, intent, and context.
Extortion Defense Lawyer in Hernando County, Florida
If you were accused of extortion in Hernando County or the surrounding counties of Citrus, Sumter, or Pasco County, Florida, contact The Law Office of Ashley Aulls, P.A. immediately. Extortion cases often involve electronic communications, confidential witnesses, and aggressive charging decisions.
With over 20 years of experience, Ashley Aulls represents individuals facing serious felony allegations. He understands how extortion cases are built, how threats are interpreted by law enforcement, and how to challenge the state’s narrative from the earliest stages of the investigation.
Call (352) 593-4115 today for a confidential consultation.
Overview of Extortion Charges in Brooksville, Florida
- Definition of Extortion Under Florida Law
- Common Situations Leading to Extortion Allegations
- Penalties for Extortion in Florida
- Defenses to Extortion Charges
- Role of a Florida Extortion Defense Attorney
- Key Elements the Jury Considers in Extortion Cases
- Frequently Asked Questions About Extortion in Florida
- Additional Resources
Definition of Extortion Under Florida Law
Extortion in Florida is governed by Florida Statute § 836.05. The statute makes it a felony offense to maliciously threaten to accuse another person of a crime, expose secrets, injure reputation, or cause harm, with the intent to obtain money, property, services, or any advantage.
To prosecute extortion, the state generally must prove:
- A threat was made to the alleged victim
- The threat involved harm, accusation, exposure, or reputational damage
- The defendant intended to obtain something of value or force action
- The threat was communicated knowingly
The law does not require that the accused follow through on the threat or actually receive anything of value.
Common Situations Leading to Extortion Allegations
Extortion charges commonly arise from:
- Threats to report someone to law enforcement unless money is paid
- Demands for payment to prevent release of private messages or images
- Threats to expose personal or business information
- Disputes between former partners involving threats of embarrassment
- Business disagreements involving alleged coercion
- Online communications demanding money or favors
- Threats tied to employment, custody, or reputation
Many cases involve statements the accused believed were negotiations, warnings, or attempts to protect their own interests rather than criminal threats.
Penalties for Extortion in Florida
Extortion is charged as a second-degree felony under Florida law.
Potential penalties include:
- Up to 15 years in Florida State Prison
- Up to $10,000 in fines
- Permanent felony criminal record
Additional Consequences – Beyond incarceration and fines, an extortion conviction may result in:
- Probation with restrictive conditions
- Court-ordered restitution
- Loss of professional licenses or employment
- Firearm prohibitions
- Immigration consequences for non-citizens
- Long-term reputational damage
Because extortion charges often involve electronic evidence and allegations of malicious intent, prosecutors frequently seek severe penalties.
Defenses to Extortion Charges
- No true threat was made: Extortion requires a threat as defined by law. Statements that are warnings, opinions, or lawful demands may not meet the statutory definition.
- Lack of intent to extort: The prosecution must prove intent to obtain something of value or force action. If the communication lacked coercive intent, the charge may fail.
- Protected speech or lawful conduct: Certain communications may be protected by the First Amendment or constitute lawful attempts to assert rights, such as demanding repayment of a debt.
- Contextual misunderstanding: Messages taken out of context may appear threatening when they were not intended as such. Full context can significantly change interpretation.
- False or exaggerated allegations: Extortion accusations may arise from disputes where one party seeks leverage. Credibility and motive of the accuser are often critical issues.
- Insufficient or unlawfully obtained evidence: Emails, texts, or recordings must be lawfully obtained and authenticated. Procedural violations may undermine the prosecution’s case.
Role of a Florida Extortion Defense Attorney
- Analyzing alleged threats
An attorney closely examines the language used to determine whether it legally qualifies as extortion. Many cases fail when the communication does not meet statutory requirements. - Evaluating electronic evidence
Digital communications must be authenticated and accurately attributed to the accused. Defense counsel examines metadata, access, and transmission methods for flaws. - Challenging unlawful searches or seizures
Phones, computers, and accounts are often searched in extortion cases. Improper warrants or overbroad searches may lead to suppression of evidence. - Negotiating with prosecutors
When appropriate, counsel may seek reduced charges, dismissal, or diversion based on weaknesses in proof or intent. - Protecting against self-incrimination
Early legal guidance prevents damaging statements during investigations. - Trial advocacy
If the case proceeds to trial, defense counsel challenges the prosecution’s interpretation of intent, threat, and value demanded.
Key Elements the Jury Considers in Extortion Cases
To convict, the prosecution must prove beyond a reasonable doubt that:
- A threat was made
- The threat involved harm, accusation, or exposure
- The defendant acted with intent to obtain something of value or force action
- The communication was knowingly made
- The evidence was lawfully obtained
Failure to prove any element requires acquittal.
Frequently Asked Questions About Extortion in Florida
Is extortion the same as blackmail?
Florida law treats blackmail as a form of extortion under the same statute.
Do I have to receive money for extortion to occur?
No. The threat alone may be sufficient to support a charge.
Can emails or texts be used as evidence?
Yes. Electronic communications are commonly used in extortion cases.
Should I talk to police if accused of extortion?
You should not make statements without consulting a criminal defense attorney.
Additional Resources
Florida Statute § 836.05 – Threats; extortion – This statute defines extortion in Florida and outlines the elements prosecutors must prove.
ACLU – Free Speech and Criminal Threats – This resource explains constitutional protections that may apply in cases involving alleged threats or coercive speech.
Finding an Extortion Defense Attorney in Hernando County, Florida
Extortion charges carry severe criminal and reputational consequences and are often based on subjective interpretations of communication. Early legal intervention can make a critical difference in the outcome.
The Law Office of Ashley Aulls, P.A. represents individuals charged with extortion throughout Brooksville and Hernando County, Florida, as well as Inverness in Citrus County, New Port Richey and Dade City in Pasco County, and Bushnell in Sumter County.
If you are facing extortion charges or investigation, do not wait. Call (352) 593-4115 today to discuss your case and begin building your defense.