Can i press charges for blackmail

Not every demand reinforced by improper menaces amounts to blackmail. To be blackmail, the demand must be made with a view to gain, or intent to cause loss. Gain and loss for the purpose of the offence of blackmail are defined as follows:. Section 34 2 a , Theft Act Section 34 2 a roots blackmail as an economically motivated crime.

Threatening somebody with an unwarranted demand with menaces to acquire sexual or non-monetary advantage would not be blackmail. There is no need for the blackmail to be done with a view to profit since profit can be distinct from gain. It will be enough if the acquisition or loss of property is the target of the blackmail. Sentencing of blackmail The maximum penalty is 14 years' imprisonment. The general guideline for sentencing offences that do not have a specific sentencing guideline, published by the Sentencing Council, comes into force on 1 October This guideline must be applied to all individual offenders aged 18 and older and organisations that are sentenced on or after 1 October regardless of the date of the offence and applies to all courts across England and Wales.

The new guideline will ensure judges and magistrates in England and Wales follow a structured and consistent sentencing process for offences such as blackmail which are not currently covered by a specific guideline and will assist prosecution and defence representatives in structuring their submissions to court.

The guideline sets out a series of ten steps which the court must follow before passing sentence. The steps include reaching a provisional sentence taking into account the statutory maximum sentence for the offence, sentencing judgments of the Court of Appeal Criminal Division for the offence and definitive sentencing guidelines for analogous offences.

Once a provisional sentence is arrived at the court should take into account factors that may make the offence more serious and factors which may reduce seriousness or reflect personal mitigation.

For previous sentencing for offences of blackmail see cases below that predate the introduction of the general guideline.

The court noted that illegal protection rackets are a particularly serious form of blackmail, which often strike at communities and make people too afraid to seek the proper protection of the law and significantly and adversely affect commerce.

In Attorney General's Reference Nos. The two offenders had gone to the victim's office on the grounds of his home, armed with a truncheon. The Court of Appeal quashed the sentences of nine and 12 months' imprisonment suspended for 12 months as being unduly lenient and noted that blackmail was an inherently serious offence that ordinarily required deterrent sentencing. The Court of Appeal increased the sentences to 34 months and 40 months respectively.

In R v Cunningham [] EWCA Crim , the offenders were the prime movers in a conspiracy to make unsolicited approaches to individuals or small companies to carry out cheap tarmac work. Sometimes the work was carried out without any agreement at all and in others a demand for additional payments would be made. Any work done was of a very low standard. Those that challenged the amount they were being asked to pay would be threatened with serious violence or damage to property.

In some cases, criminal investigators may ask you to continue communication with the person blackmailing you or pretend to do what he wants so they have an opportunity to arrest the person.

Keep in mind that even if the person is arrested, the prosecutor still has relatively broad discretion in deciding whether to file criminal charges. Typically prosecutors only file charges if they believe they can prove the suspect is guilty beyond a reasonable doubt. Consider getting a restraining order. If the person blackmailing you has physically harmed you or is threatening your safety, a restraining order can keep him or her away from you. Courts have forms available at the clerk's office that you can fill out to ask for a restraining order.

You must include the name and location of the person as well as details about the threats he or she is making. However, a few states have a different order, typically called a civil harassment order, that you can request regardless of your relationship to the person. That order will keep the person away from you and places you frequent such as your home or place of work until a hearing can be held for a permanent restraining order.

Then there will be a hearing, when both you and the other person have the opportunity to present your cases. A judge will listen to both sides, consider the evidence, and decide whether to make your restraining order permanent. Include your email address to get a message when this question is answered.

Related wikiHows How to. How to. More References About This Article. Written by:. Jennifer Mueller, JD. Co-authors: 2. Updated: March 29, Categories: Criminal Law Abuse. Thanks to all authors for creating a page that has been read 32, times. Did this article help you? Yes No. Cookies make wikiHow better. By continuing to use our site, you agree to our cookie policy.

Linda Blume Dec 7, You Might Also Like How to. Featured Articles How to. For example, take the scenario of a local gang in a neighborhood. That is the crime of extortion.

Another type of coercion is when a government official obtains money to perform an official act, or when a police officer abstains from an arrest in exchange for cash. Blackmail, on the other hand, can be defined as obtaining money, goods, or services from an individual through the threat of revealing embarrassing, incriminating, or socially damaging information.

That is blackmail and is illegal. There are countless cases of blackmail where celebrities have paid to keep their relationships hidden.

It is interesting to note that blackmail is a crime regardless of the validity of the information. Even if you are threatening to reveal real criminal activity, it is still blackmailing and illegal.