James K. Minick

James K. Minick

Robbery, extortion, and blackmail are offenses that involve the wrongful obtaining of property from another. Robbery is generally considered more severe then extortion and blackmail since it involves the use of violence in obtaining another’s property. As such, extortion is still a felony offense, where as blackmail is just a misdemeanor.

The following offenses list the required elements and the punishments that are given out upon conviction. For each charge, the State must prove each element beyond a reasonable doubt in order to obtain a conviction. If faced with any of these crimes, don’t hesitate to contact us for representation to fight your case.

Robbery

Elements

A person is guilty if they:

  1. Commit larceny
  2. From the person or from the person’s presence
  3. By violence or intimidation

Robbery is primarily larceny but conducted through violence or intimidation. In order to fulfill Element 3, the violence must either put the person in fear of injury or actually injuring the person. Simply using force to grab something is not considered violence.

Punishment

If a person is guilty of robbery, they are guilty of a Class G felony under N.C. Gen. Stat. § 14-87.1.

Armed Robbery

Elements

A person is guilty if they:

  1. Commit or attempt to commit larceny
  2. From the person or from the person’s presence
  3. By the possession, use, or threatened use of a firearm or other dangerous weapon
  4. That endangers or threatens the life of a person

Armed robbery is primarily larceny but conducted with a firearm or dangerous weapon that puts another person in danger of injury or death. Simply having a weapon on the defendant’s person does not classify the robbery as an armed robbery. For a robbery to become an armed robbery, the defendant must have used the weapon in the commission of the crime.

Punishment

If a person is guilty of armed robbery, they are guilty of a Class D felony under N.C. Gen. Stat. § 14-87.

Extortion

Elements

A person is guilty if they:

  1. Threaten or communicate a threat to another
  2. With the intent to obtain wrongfully
  3. Anything of value, any acquittance, any advantage, or any immunity

This offense not only applies to the person that makes the threat, but also to any person who may have communicated the threat. A defendant can be guilty of extortion even if they do not obtain any of the things of which they wanted.

Punishment

If a person is guilty of extortion, they are guilty of a Class F felony under N.C. Gen. Stat. § 14-118.4.

Blackmailing

Blackmail is broken down into two separate offenses, demanding valuables without reasonable cause and accusing of a crime to extort valuables. These offenses each have their own elements and punishments.

Demanding Valuables without Reasonable Cause

Elements

A person is guilty if they:

  1. Knowingly
  2. Send or deliver any letter or writing
  3. Demanding a chattel, money, or valuable security
  4. With menaces and
  5. Without reasonable or probable cause

Punishment

If a person is guilty of demanding valuables without reasonable cause, they are guilty of a Class 1 misdemeanor under N.C. Gen. Stat. § 14-118.

Accusing of a Crime to Extort Valuables

Elements

A person is guilty if they:

  1. Accuse or threaten to accuse another person of a crime punishable by death or imprisonment in the state prison
  2. With intent to extort or gain from the person a chattel, money, or valuable security

Punishment

If a person is guilty of accusing of a crime to extort valuables, they are guilty of a Class 1 misdemeanor under N.C. Gen. Stat. § 14-118.

James Minick is founder and C.E.O. of Minick Law, P.C. James is committed to providing top notch legal services through his team of highly specialized legal professionals. James will defend your rights.

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