What constitutes blackmail?
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What constitutes blackmail?
I got blindside punched in front of a bar over a $40 debt. The bouncers and everyone else saw. Would it be blackmail if I told him, “Pay me $40 for the debt, plus $110 for my busted lip or I will charge you for assault”?
Asked on May 3, 2015 under Criminal Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
It would be extortion (blackmail) and could result in criminal charges against you. The law does *not* allow you to use the threat of criminal prosecution (i.e. pressing or filing charges) to obtain some economic gain. You can threaten to *sue* them for monetary damages (e.g. medical costs, lost wages, etc.), but not to file criminal charges.
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