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A recent report from the Associated Press says that a former prison guard in Arizona is facing charges of extortion. According to the police, the guard, along with an inmate, hatched a scheme in which the inmate would threaten another member of the prison population, then the guard would offer protection from the inmate for $900, which was to be paid by the family of the alleged victim. The article says that the former guard is now facing felony extortion charges. The case gives us an opportunity to take a look at the crime of extortion, and how it relates to some other offenses under the Criminal Code.
Extortion is defined under A.R.S. 13-1804, as obtaining property or services (or seeking to do so) by threatening physical injury or property damage, the commission of a crime, bringing criminal charges, or exposing a secret, among other acts.
But there are other crimes in Arizona that could also fit the bill in a case such as this. Some require proof of the use of electronic communications, or of the sending of a letter. But the facts alleged here could also support a charge of threatening or intimidating under A.R.S. 13-1202, which includes threatening to cause physical injury to another (or serious property damage). It does not require proof that you obtained or attempted to obtain property or services, or that the threat was communicated in a particular manner. So why, if there is less evidence needed to convict for threatening than for extortion, was the latter charge chosen in this case?
In stating that the charge in this case is felony extortion, the article gives the impression that this was a particular brand of alleged extortion that is treated perhaps more harshly than others. In fact, under A.R.S. 13-1804, all extortion charges are felonies. The particular level of the felony is a function of the nature of the threatened injury, or the use of a deadly or dangerous weapon. Threatening, on the other hand, is a class 1 misdemeanor, with limited exceptions not applicable here. And you can expect that when choosing between alternative charges at the outset of a criminal case, a prosecutor is generally likely to select the offense carrying the greatest possible penalty.
Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004
(480) 280-8028
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