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Colorado Criminal Extortion – Aggravated Extortion 18-3-207
If you have been charged with a Colorado Theft Based Crime you will need to know at least three things about that charge to make intelligent decisions about how to proceed.
Colorado Criminal Extortion – Aggravated Extortion 18-3-207
First, what are “the basic elements” of the crime filed against you? What is required to prove this crimes or these crimes in a Colorado Court of Criminal Law beyond a reasonable doubt?
These elements are laid out logically in the Colorado Criminal Jury Instruction for this crime:
Colorado Criminal Extortion – Aggravated Extortion 18-3-207 – The Elements of the Colorado Crime Of Aggravated Criminal Extortion are:
1. That the defendant,
2. in the State of Colorado, at or about the date and place charged,
3. without legal authority,
4. [with intent to induce another person, against that person’s will, to give the person money or another item of value and threatens to report to law enforcement officials the immigration status of the threatened person or another person.]
-or with intent to induce another person against that person’s will, to perform an act, or to refrain from performing a lawful act,
and
5. made a substantial threat to [confine or restrain] [cause economic hardship] [cause bodily injury to] [damage the property or reputation of] any person,
and
6. [threatened to cause these results by performing or causing an unlawful act to be performed, and further,]
-or- [threatened to cause these results by invoking action by a third party, [including but not limited to, the State or any of its political subdivisions] whose interests were not substantially related to the interests pursued by the defendant, and further,]
7. threatened to cause these results by means of chemical, biological, or harmful radioactive agents, weapons, or poison,
8. [without the affirmative defense in instruction number __________.]
Second, you need to know what “level” the crime is. Is it a felony or a misdemeanor? Is it a petty offense – or a Municipal Code (City) violation? This tells you the possible penalties or punishment for this crime under Colorado criminal law.
Criminal extortion, as described in subsections (1) and (1.5) of this section, is a class 4 felony.
Aggravated criminal extortion, as described in subsection (2) of this section, is a class 3 felony.
Third, you need access to be able to read the entire law – the statute itself to study exactly how it is drafted. This enables you to determine how the law applies – if it applies at all – to your case. After more than 40 years practicing criminal law – I have learned to always go back to the exact law as written – never accept another’s summary or interpretation of a criminal charged filed against you…
Here is an EXACT REPRINT of the law in question with commentary where needed [HMS …..]:
18-3-207. Criminal extortion – aggravated extortion
(1) A person commits criminal extortion if:
(a) The person, without legal authority and with the intent to induce another person against that other person’s will to perform an act or to refrain from performing a lawful act, makes a substantial threat to confine or restrain, cause economic hardship or bodily injury to, or damage the property or reputation of, the threatened person or another person; and
(b) The person threatens to cause the results described in paragraph (a) of this subsection (1) by:
(I) Performing or causing an unlawful act to be performed; or
(II) Invoking action by a third party, including but not limited to, the state or any of its political subdivisions, whose interests are not substantially related to the interests pursued by the person making the threat.
(1.5) A person commits criminal extortion if the person, with the intent to induce another person against that other person’s will to give the person money or another item of value, threatens to report to law enforcement officials the immigration status of the threatened person or another person.
(2) A person commits aggravated criminal extortion if, in addition to the acts described in subsection (1) of this section, the person threatens to cause the results described in paragraph (a) of subsection (1) of this section by means of chemical, biological, or harmful radioactive agents, weapons, or poison.
(3) For the purposes of this section, “substantial threat” means a threat that is reasonably likely to induce a belief that the threat will be carried out and is one that threatens that significant confinement, restraint, injury, or damage will occur.
(4) Criminal extortion, as described in subsections (1) and (1.5) of this section, is a class 4 felony.
Aggravated criminal extortion, as described in subsection (2) of this section, is a class 3 felony.
Please Contact Us If You Have Questions About Colorado Criminal Extortion – Aggravated Extortion 18-3-207
Reading the law – especially Colorado Criminal Law – may lead to even more questions about the meaning of certain terms and how they relate to your specific case. I you would like to speak with H. Michael Steinberg about your legal criminal defense needs, please call him in Denver, Colorado at his business number 303-627-7777 or his cell 720-220-2277 or email us at [email protected]
Written by H. Michael Steinberg
ABOUT THE AUTHOR: H. Michael Steinberg
If you are charged with Colorado Criminal Extortion – Aggravated Extortion 18-3-207, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.
H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 40 years of day to day courtroom experience – specializing only in Colorado Criminal Law along the Front Range of Colorado . He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options.
Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases. Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defenses for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving ..Colorado Criminal Extortion – Aggravated Extortion 18-3-207.
Other Articles of Interest:
- Aggravated Robbery18-4-302 (3)
- Aggravated Robbery Of Controlled Substances 18-4-303
- Aggravated Motor Vehicle Theft 18-4-409 – First and Second Degree
- Colorado Theft Crimes 18-4-401
- Colorado Expedited Sealing Law – 24-72-702.5 – Unexpected Delays In Certain Cases
