Extortion in Iowa is always a felony offense. If you’ve been accused of Class D felony extortion, you need to talk to a extortion lawyer in Iowa about your options.
Iowa Extortion Lawyer
At Clark and Sears Law, PLLC, we defend the rights and liberties of good people who are accused of bad things.
An Iowa lawyer for extortion might be able to help you avoid conviction. If a judge or jury acquits you, then you could save thousands of dollars in fines and surcharges. Similarly, if a judge or prosecutor dismisses the charges, you could go home to your family. Going home is better than going to jail.
Get out of trouble and get back to life. Call Katherine Sears at Clark and Sears Law, PLLC. You can set up a free consultation now at (515) 491 6128. A receptionist is available 24/7 to take your call.
The criminal defense lawyers at Clark and Sears Law, PLLC, are based in Des Moines and Ankeny. They represent defendants throughout Polk County and the rest of Iowa.
Extortion in Iowa
In order to prove that you committed extortion, the government must show that you threatened to do one of the following things:
- Injure someone.
- Commit a public offense.
- Accuse someone of a public offense.
- Expose someone to hatred, contempt, or ridicule.
- Harm someone’s credit OR Harm someone’s business or professional reputation.
- Take or withhold action as a public officer or employee.
- Cause a public official or employee to take or withhold action.
- Testify or provide information about a legal claim or defense.
- Withhold testimony or information about a legal claim or defense.
- Wrongfully injure someone’s property
Additionally, the government must prove that you made that threat for the purpose of getting something “of value” for yourself or for someone else. The “value” doesn’t have to be financial value. The thing you tried to get doesn’t have to be something physical, like cash — it could include labor or services.
Penalties for Iowa Extortion
Extortion is a Class D felony offense.
If you’re convicted of extortion, a judge may sentence you to prison for a term not to exceed five years. Additionally, you will have to pay $1,025 – $10,245 in fines.
You will have to pay victim restitution and an additional 15% surcharge on any fine.
Loss of Gun Rights
Felons don’t get guns in Iowa.
If you are convicted of Class “D” felony Extortion and you have two or more previous felony convictions from any jurisdiction, you may be charged as a “habitual offender.”
The penalty for a habitual offender is a prison sentence of up to 15 years, rather than a prison sentence of up to 5 years.
If you’re sentenced to prison as a habitual offender, you won’t be eligible for work release or for parole for at least 3 years.
Extortion Lawyer Explains Defenses to Extortion
If it’s reasonable to think that someone else was the person committing the offense, then you shouldn’t be held responsible.
Were you somewhere else? If you were testifying in front of Congress at the time of the alleged offense, the jury should hear about your alibi.
Fourth Amendment Search and Seizure
The Fourth Amendment, with some specific and well-delineated exceptions, guards you from warrantless searches and seizures.
Iowa charges related to Extortion
There are extortion-adjacent offenses they might also charge you with. Your Iowa extortion lawyer can explain these.
Discharging dangerous weapons into occupied places (or threatening to do that) is a felony.
Read more about Intimidation.
There are a range of assault charges. Depending on your situation, you could be charged with a simple assault under Iowa Code 708.2, facing up to 30 days in jail and fines of $105-$855 (plus surcharges.) Alternatively, you might face something worse. When you’re convicted of a forcible felony while displaying a dangerous weapon, you will face at least five years in jail without the possibility of parole. Iowa Code 902.7.
Harassment is a misdemeanor offense. Depending on the details and severity, harassment can be a simple, serious, or aggravated misdemeanor.
Call an Iowa extortion lawyer when you’re facing charges in the city of Des Moines Iowa or near Iowa State University.
A Des Moines lawyer can help ensure that your rights are protected when you’re accused of an offense in the greater Des Moines area.
This blog post is for informational purposes only. Don’t rely on it as legal advice. It may be out of date. It may not apply to your situation. Reading this site doesn’t make me your lawyer.
Consult with a licensed extortion lawyer in your jurisdiction. If you want to talk to us about your Iowa case, please contact us at (515) 491 6128. We’ll set up a time to talk.
What will happen if I’m charged? Do I need an extortion lawyer?
When someone alleges that you extorted someone, law enforcement will investigate. Then, if a judge finds probable cause, you could go to jail. Once in jail, you might be let out on bond. Pretrial release might let you out. You might not be let out at all.
Instead of sending you to jail, the judge might give you papers. Those papers will tell you when your court date is. After your arrest. police will read you your rights. Then, they will give you time to call an extortion attorney or a law firm.
At an initial appearance, you will see a judge. The judge might schedule a preliminary hearing. At a preliminary hearing, you or your lawyer will ask questions. One or more witnesses will be under oath. After the questions, the judge will decide whether probable cause exists.
Your attorney might suggest waiving the preliminary hearing. Before deciding, consult your lawyer. Alternatively, the prosecutor might file the “trial information” before the preliminary hearing. If so, there won’t be a preliminary hearing.
Your attorney tell you about your next court date. After your preliminary hearing happens (or after you receive the trial information,) you will have an arraignment.
Police will give reports to the county attorney’s office. Then, the county attorney’s office will review the information. After the prosecutor reads the reports, they will decide what offenses to charge you with. For instance, a prosecutor might charge you with a misdemeanor. Alternatively, they could accuse you of a felony.
Your defense lawyer will tell you what the government accused you of. Moreover, they will explain your rights. You also need to know how this could affect your criminal record. In short, they will tell you about the worst case scenario. A criminal lawyer will tell you more about the fines, terms of incarceration, and collateral consequences that might apply.
Your law firm will give you legal advice. Specifically, they will explain the pros and cons of taking your case to trial. After all, only you can decide whether or not to accept a plea offer.
Finally, if a jury convicts you, you can probably appeal. The court of appeals hears appellate arguments. So does the Iowa Supreme Court. Because they review legal issues, they might find a constitutional problem. That means that the law can be illegal. Alternatively, the district court might have treated a legal law illegally. However, the right to appeal does not apply to simple misdemeanors. Ask your criminal defense attorney for more information.
What should I know about Iowa extortion lawyers generally?
Attorneys completed their bachelor’s or 4-year degrees. Thereafter, they went to law school. One example is Drake University Law School. That school is in Des Moines. Afterward, Iowa lawyers take the bar exam. Thereafter, a committee evaluates their character and fitness. The Iowa State Bar admits Iowa lawyers. The Iowa bar association regulates the legal profession.
Some lawyers and law firms do general practice. In light of that, they accept all kind of representation. In contrast, some lawyers specialize in particular areas of law. For example, a lawyer might do only civil practice. When a lawyer does civil work, they might handle divorces. Additionally, the Iowa lawyer might represent small claims cases. Further, a civil practice lawyer could do personal injury work. In another case, the lawyer might focus on family law or child custody.
Alternatively, some lawyers practice only criminal defense. Some lawyers get even more particular. For instance, a lawyer might take only domestic violence defense. Another lawyer might focus on sex crime, sexual abuse, operating while intoxicated, child endangerment, child abuse, indecent exposure, theft, possession of controlled substances, sex crimes, marijuana, DUI defense, controlled substance offenses, arson, criminal mischief, vehicular homicide, drug offenses, traffic violations, violent crime or drunk driving.
Many Iowa lawyers practice only in Iowa courts. The Iowa Code defines all Iowa crimes. The Iowa rules of criminal procedure control what happens in Iowa criminal justice cases.
Federal court is different. If you are facing federal charges for a federal criminal offense, make sure to let your Iowa lawyer know. Because Iowa federal courts are not state law courts in Iowa, your lawyer might refer you elsewhere. Federal prosecutors and federal judges use different procedural rules. Federal crimes are subject to federal sentencing.
What offenses exist in Iowa criminal law?
Criminal law offenses are misdemeanors or felonies. Class A felonies exist, but most people facing felony charges are facing a class B felony, a class C felony, or a class D felony. If you have questions about Iowa extortion offenses, ask a lawyer.
What can an Iowa extortion lawyer do for me?
When accused, contact an attorney or law firm. Make sure to call one who works with Iowa criminal law.
If there’s a warrant out for your arrest, your Iowa lawyer will help. In that case, you will coordinate with law enforcement. Self-surrender won’t be as embarrassing as public arrest would be.
Your Iowa criminal lawyer will stay in touch with the county attorney’s office. That means they will let the prosecutor know whether you choose to exercise or waive your right to speedy trial. Further, counsel can provide legal guidance. For example, you need to know whether it’s a good idea to consider a plea agreement or to go to trial. They will talk to you about whether a judge or jury is likely to find a particular witness credible.
Your criminal lawyer will let you know what sort of jail time you might be facing if convicted. Moreover, they can explain how conviction impacts criminal history. Finally, they can discuss whether or not the prosecutor might dismiss your charges.
A Victim Services Support Program is available through the Iowa attorney general’s office.