Necessity justifies crimes committed where the defendant reasonably believed his crime was the only way to avoid a greater societal injury. Duress excuses crimes committed under threat of imminent death or great bodily harm. Duress or Necessity: The defenses of duress and necessity are available where the defendant felt he had no choice but to commit the crime.This defense might be available, for example, where the defendant reasonably believed the property he was attempting to obtain was his own. Mistake: The defense of mistake is available when a reasonable mistake of fact, or ignorance of a fact, negates the requisite “mens rea” for extortion.In addition, these conditions might also affect whether it was reasonable for the alleged victim to believe the threat was genuine. Intoxication, Insanity, or Incapacity: These defenses, which relate to the defendant’s mental state, may bar a conviction for extortion if they negate the requisite “mens rea,” or “state of mind” for extortion.Challenges to the manner in which law enforcement authorities collected evidence – such as wrongful search, seizure, and interrogation claims – can limit the amount of evidence available against you. Insufficient Evidence: If there is inadequate evidence to support a finding that extortion occurred, the case will be thrown out before it reaches a fact finder.If there was no threat, or the alleged victim unreasonably interpreted a benign comment as a threat, the elements of extortion have not been met.

Extortion requires a threat to do harm or expose information. Factual Innocence: If the defendant’s conduct fails to meet the elements of the crime, the defendant is not guilty.What Are Possible Defenses against Extortion?

Legal extortion