If you have been charged with extortion with threats to destroy property, here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers.
Elements of the offence
A charge of extortion with threats to destroy property contains three elements to be proven to be successful. They can be found in s 28 of the Crimes Act 1958 (Vic) and are as follows:
- The accused made a demand;
- The demand was accompanied by a threat to destroy or endanger a specified type of property; and
- The accused intended to make the alleged victim believe that the threat would be carried out if the demand was not met.
Will I have to go to court?
Charges for extortion with threats to destroy property will usually be heard in the Magistrates’ Court; however, depending on the circumstances surrounding the events resulting in the charge, the case may be heard at the County Court.
Once the case goes to court, it is up to the prosecution to prove all three elements of the offence. It is important that you seek expert legal advice in building a defence as the circumstances of the events that led to the charge can assist in a strong defence argument, as this offence carries a penalty of imprisonment.
The maximum penalty this offence carries is 10 years imprisonment, known as a Level 5 imprisonment.
What sentences are usually given?
Depending on the nature of the offence, and if there are any charge being laid concurrently, an accused could face a prison sentence. The nature of the demand made, whether it was serious or not, and whether the recipient of the demand ought to have taken it seriously or not, can all influence the sentencing outcomes.
What do I do now?
To ensure the best chance of a successful defence, it is important to get in contact with an expert criminal lawyer as soon as possible. At Emma Turnbull Lawyers, we have experienced criminal defence lawyers who can assist you in defending this charge.