If someone has private, embarrassing, or implicating information about another, they can use it to control them to do their bidding. It can be such a helpless situation to find yourself in with some victims committing suicide rather than face the prospect of being shamed.
Thousands of others seek help from law enforcement, but that help can look and feel elusive since the police may not act as fast and, in some cases, may fail to investigate, citing inadequate evidence to warrant investigations. Seeking the help of DC criminal defense lawyer David Benowitz can help smoothen the police investigation and ensure one’s rights are intact.
The Crime of Blackmail
Blackmail involves dangling the possibility of harming and revealing embarrassing information about a person to have them do something against their will. For example, an ex-partner could threaten to expose the other party's sexually explicit content they shared while in a relationship to keep them from leaving.
As hopeless as the situation feels, it is not always easy to get the police involved. In most cases, they must have evidence that a crime occurred. So, suppose you do not have texts, emails, or recorded conversations to show the commission of an offense. In that case, the police may be reluctant to intervene.
Elements of Extortion
Even when you could have the police involved in a blackmail case, there are no guarantees that they will get a conviction for the said criminal offense. The prosecution must prove all the elements of blackmail against the defendant to get a conviction, which include:
- Threat: they must prove that the defendant threatened the victim with physical injury, property damage, harm to loved ones, or exposure of embarrassing or incriminating information.
- Valuable Thing: The prosecution must show that the defendant intended to get something of value from the victim. The term valuable here is relative and can mean anything from cash, favors, sex, or property.
- Intent: the prosecution must show that the defendant issued the threat in a bid to have the victim comply against their will.
Civil Litigation
Blackmail, though a criminal offense, can also greatly affect a victim's well-being. As such, the victims can also pursue damages against the at-fault party. If you intend to take the civil litigation route, you may consider getting a civil litigation lawyer.
The standard of proof for civil litigation is relatively lower than the standard for criminal charges. So, it is possible to have the defendant get an acquittal for a criminal charge but be found liable for damages. A classic example was the O.J. Simpson case when he was found liable for the death of his ex-wife, Nicole Brown Simpson, and her lover, Ronald Goldman, but was acquitted in the criminal case.
As the Defendant
A conviction with a blackmail charge can have life-altering consequences. It would help to have a solid defense strategy to avoid a conviction. The first step in challenging your charges is getting a Washington, DC, lawyer. You will have one assigned to you by the court, but the best option would be hiring a private attorney.
Your lawyer can explore various defense strategies, such as factual innocence, to beat your charges. Factual innocence can apply when the prosecution fails to prove every element of blackmail adequately. Insufficient evidence can also be used as a defense. The prosecution has to prove a case beyond a reasonable doubt, meaning you can use their inconsistencies to demolish their case.
If another person coerced you into blackmailing the complainant, affirmative duress can be an option you may consider using as a defense. However, you must have the evidence to prove it. Other defenses include reasonable mistakes, insanity, incapacity, and intoxication.
Conclusion
Blackmail cases are complex and emotionally draining, with victims and defendants both facing serious consequences. Whether you're seeking justice or defending your rights, having an experienced DC criminal defense lawyer like David Benowitz can make all the difference in protecting your future and navigating the legal process with confidence.
