PC 526 – Extortion or Attempted Extortion by Fake Court Order
Extortion by Fake Court Order – Table of Contents
- PC 526 Overview
- PC 526 Prosecuting
- PC 526 Sentencing
- PC 526 Defending
- Extortion by Fake Court Order – Hire Us
What is Extortion by Fake Court Order as defined under California Penal Code 526?
In reference to the use of documents purported to be a court summons, notice to appear in court, a court pleading, court fine or fee declaration of payment, subpoena, bench warrant, or service of process: Any person who in reference to the above delivers or does the same by an agent to another and upon the delivery causes the recipient to believe its authenticity and from such believe a deprivation of property, claim of right, consideration of value, good or service results- and the document prompts an act that would not have be achieved without the document.
What makes the Court Order Fake as defined under California Penal Code 526?
The documents in reference were not actually signed and confirmed by a verified court clerk, officer of the court, with a verified court seal, bate or time stamp. Moreso the template referencing the pleading type, phone numbers of source, the signage and symbols associated if required for validation and veracity do not conform.
What kind of threat or force is required as defined under California Penal Code 526?
The threat or force utilized must be the dominant reason for the forced consent. Force can either be expressed or implied.
Is threatening to do something that a person has a legal right to do to another considered extortion as defined under California Penal Code 526?
No this is not considered an unlawful injury or deprivation so long as that legal right is not supported by a fake legal document.
Can consent be provided after the act of extortion to remedy the wrong to avoid a violation of California Penal Code 526?
No- unless there is material documentation of the victim accepting the retraction of the force attempted to be used, followed by remedies of harmony to conduct the same act to show acquiescence.
Is California Penal Code 526 a specific intent crime?
Yes. Extortion requires the specific intent to deprive.
Can a business entity (501-3c or LLC, LP, S Corp) be charged with a violation of California Penal Code 526?
Yes- if the nature of the business derives from the use of force, and it is expected that force is a material part of the activities involved in the business.
What are the penalties for a violation of California Penal Code 526?
A violation of California Penal Code 526 can be charged as a misdemeanor or a felony depending on the value extorted, and the nature of the injury sustained. If the value extorted does not exceed $950 the act is charged as a misdemeanor. If the value extorted does exceed $950 and or asserts a felonious act the act is charged as a felony. If the method of extortion causes injury or great bodily injury the act is charged as a felony.
The exposure of confinement for a violation of California Penal Code 526 as a misdemeanor is no more than 1 year in State Jail. The exposure of confinement as a felony can be categorized as confinement of 16 months, 2 years or 3 years in State Prison; unless 1 year of jail time or alternative punishment can be negotiated prior to a preliminary hearing and preferably during pretrial
Since the violation might warrant financial loss it is a financial crime, and restitution might be required.
What is an example of a violation of California Penal Code 526?
- Mel had a loudmouth and no substance to back it up. She was embarrassed at a party by Clay who challenged her knowledge of the home improvement industry and her experience. It came to light that Mel was not as intelligent as she claimed. One of the observers to this exchange, Tabi, was a client of Mel and decided to stop the relationship and made this decision publicly at the party. Mel is a classic curmudgeon and spent the whole weekend trying to cultivate the relationship but on how to get payback. So she went to Adobe Illustrator and created a demand letter purporting to come from her Friend’s Law firm the RuckuUp Law Firm. She created a templated petition alleging defamation per se as the cause of action but she on the signage space referencing the court clerk she created a fictitious name and used Adobe Illustrator to create a resembling court bate stamp and seal to demonstrate conformity. Mel, on Monday, first thing in the morning went to Clay’s HVAC office and delivered the demand letter and petition. Clay took her seriously. The next day he called Mel and asked how to resolve this. She told him she will settle the matter for $ 1000 dollars and a letter of apology; Clay agreed. Mel considered the matter closed. Clay prior to writing the check called the RuckuUp Law Firm to ask if he could simply send the check to their office rather than deal with Mel. The Paralegal quickly noted to him that they neither represent Mel, and she is trying to extort him. The Paralegal transferred Clay to the partner of the firm who then asked Clay if they could represent him on this matter. Clay came to the office and showed the Partner the demand letter and petition. The partner was delighted to inform Clay the documents were both fraudulent. Clay was delighted to sign their retainer for representation. The Firm called the police and provided a copy of the fraudulent documents. The firm also contacted Tabi to get details she witnessed. This information was provided to the LAPD for an investigation. After an investigation, the LAPD appeared at Mel’s office and arrested her onsite.
What are the defenses for a violation of California Penal Code 526?
- Lack of Identity to associate with any act of extortion.
- Lack of the Specific Intent to Deprive.
- Mistake in fact as the conduct was conducted in the frame of a novelty or joke in the perspective of the victim.
- Diminished Capacity.
- Age of a minor.
- Necessity as to a claim of right that was remedied by later authenticated acts to prevent a notorious crime or civil act.
If you are charged with a violation of California Penal Code 526, call The Esfandi Law Group, APLC. Seppi Esfandi, Principal Attorney of The Esfandi Law Group, APLC, his staff, and Attorneys are delighted to discuss your legal issues and seek retainment to provide solutions.
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