Attempted extortion is a serious offense in California, even if no money or property is actually taken. If you are accused of threatening someone with harm, exposure, or legal trouble to gain something of value—and your effort fails—you could still face criminal charges under Penal Code § 524. This article provides an explanation of the law, including penalties, examples, defenses, and what to do if you or a loved one is facing these charges.
What Is Attempted Extortion?
Under California Penal Code § 524, attempted extortion occurs when someone tries to obtain money, property, or another benefit from another person by using threats—but doesn’t succeed. This law focuses on the intention and effort, not the result.
Even if the target ignores the threat and gives up nothing, you can still be prosecuted if prosecutors believe you meant to extort and took concrete steps to do so.
Key Elements the Prosecutor Must Prove
To convict someone of attempted extortion, the prosecution must establish the following:
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Intent to Extort
You must have intended to force someone to hand over money, property, or perform an act against their will. -
Use of Threats or Coercion
The threat could be physical harm, exposing secrets, or falsely accusing the person of a crime. The threat must be serious enough to pressure the person into compliance. -
Direct Action Toward the Crime
There must be a clear step taken beyond just thinking or planning—such as sending a threatening message, making a phone call, or confronting the person.
Simply put, if you threaten someone to gain a benefit and take a clear step to make it happen—even if you fail—you can be charged under this law.
Examples of Attempted Extortion
Understanding the law becomes easier when we apply it to real-world scenarios. Here are a few examples of attempted extortion:
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Example 1: You threaten to expose someone’s extramarital affair unless they pay you $5,000. They refuse, and nothing is exchanged.
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Example 2: You tell a business owner you’ll report them for tax fraud unless they give you a free service. They decline, and you walk away.
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Example 3: You send an anonymous letter demanding money in exchange for not posting damaging photos—but the recipient contacts the police instead.
In all these cases, even though the person didn’t give in, the threat combined with the intent could be enough to trigger criminal charges.
Penalties for Attempted Extortion in California
Attempted extortion is a “wobbler” offense in California, which means it can be charged as either a misdemeanor or a felony, depending on the circumstances and your criminal history.
If Charged as a Misdemeanor:
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Up to 1 year in county jail
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A fine of up to $10,000
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Possible probation
If Charged as a Felony:
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16 months, 2 years, or 3 years in state prison
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A fine of up to $10,000
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Formal probation, depending on the judge’s discretion
Felony charges are more likely if the threat was particularly severe or involved public officials, sensitive information, or past criminal history.
Related Offenses You Should Know
Attempted extortion often overlaps with other California crimes, including:
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Extortion (PC § 518): The completed crime where the person actually succeeds in obtaining property or favors through threats.
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Extortion by Letter (PC § 523): Sending threatening letters or emails in an effort to extort someone.
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Forgery Extortion (PC § 522): Forcing someone to sign a legal document under threat.
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False Court Order Extortion (PC § 526): Using a fake legal order or judgment to coerce someone.
If your case involves these or similar circumstances, prosecutors may stack charges or use them to pressure you into a plea deal.
Defenses Against Attempted Extortion Charges
Being accused does not mean you’re guilty. Several strong defenses may apply in an attempted extortion case, such as:
1. No Actual Threat
The language used may have been misinterpreted or not strong enough to be considered a legal threat.
2. Lack of Intent
You may not have intended to extort, especially if the communication was part of a heated argument or legitimate negotiation.
3. No Direct Action
Even if you were angry or made a vague comment, if there was no step toward carrying out the act, the charge may not hold up.
4. False Allegations
People sometimes make up accusations out of revenge, fear, or to gain leverage in unrelated disputes.
5. Entrapment
Law enforcement may have pressured you into saying or doing something you otherwise wouldn’t have done.
An experienced criminal defense attorney can analyze your case and determine the best possible defense.
What to Expect If You’re Charged
Facing a criminal charge can be overwhelming, but understanding the process can help reduce anxiety. Here’s a general outline of what happens:
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Investigation and Arrest
Law enforcement may arrest you immediately or after a formal investigation. -
Charges Filed
The District Attorney reviews the case and decides whether to file misdemeanor or felony charges. -
Arraignment
You will be formally notified of the charges and enter a plea. -
Pretrial Hearings
Evidence is exchanged, and your lawyer may file motions to dismiss or suppress evidence. -
Negotiation or Trial
Many cases are resolved through plea deals, but you have the right to take your case to trial. -
Sentencing
If convicted, the judge will determine your sentence based on your record, the facts of the case, and applicable sentencing guidelines.
Long-Term Consequences of a Conviction
Aside from jail time or fines, a conviction for attempted extortion can impact your life in other ways:
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Loss of employment or professional licenses
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Ineligibility for certain housing
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Difficulty obtaining loans
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Immigration consequences for non-citizens
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Loss of gun rights if charged as a felony
In many cases, a conviction may be expunged from your record after you complete your sentence or probation—but this depends on several factors.
Get Legal Help Now
Attempted extortion charges can be life-changing. If you’re being investigated or have already been charged, do not wait to take action. You need a skilled and experienced criminal defense attorney on your side.
At Southwest Legal, we understand how terrifying and confusing criminal charges can be. Our experienced criminal defense attorneys have a proven track record of fighting and winning cases involving serious offenses throughout Southern California.
We’ll listen to your side. We’ll review every detail of your case. We’ll fight aggressively to protect your future.
Call us today for a free consultation. Let Southwest Legal stand between you and a criminal conviction.
