Extortion 

Extortion allegations often arise out of conversations, disputes, or negotiations that escalate unexpectedly. What one person believes is a demand, warning, or attempt to resolve a conflict can later be characterized by law enforcement as a criminal threat. These cases frequently hinge on interpretation rather than clear physical conduct, which makes them especially dangerous for the accused. Statements made in anger, frustration, or desperation can be isolated and reframed as evidence of criminal intent, even when no money was exchanged and no harm ever occurred.

Extortion charges are taken seriously by Florida prosecutors because they are viewed as crimes of coercion and abuse of leverage. The accusation alone can damage your reputation, professional standing, and personal relationships. Once an investigation begins, communications are scrutinized closely and often stripped of their broader context. This is why it is critical to speak with a defense attorney before responding to law enforcement or attempting to explain your side of the story.

The Ishak Law Firm defends individuals accused of extortion and other white collar offenses throughout South Florida. From the earliest stages of an investigation through trial, our firm focuses on protecting your rights, preserving evidence, and challenging assumptions about intent. If you believe you are under investigation or have already been charged, contact our firm for a consultation before speaking with police or investigators.

Extortion Under Florida Law

Extortion in Florida is governed by Florida Statute 836.05. This statute makes it a crime to maliciously threaten another person with the intent to obtain money, property, services, or to force someone to do or refrain from doing a particular act against their will. The law is broad in scope and covers threats to accuse someone of a crime, cause physical harm, damage property, expose secrets, subject a person to ridicule or disgrace, or make statements that could harm another person’s reputation or character.

Importantly, the statute focuses on intent rather than outcome. The prosecution does not need to prove that the accused successfully obtained money or that the victim actually complied with the demand. The alleged threat itself, when combined with the claimed intent to coerce, can be enough to support a charge.

Forms of Communication That Can Lead to Charges

Florida law does not limit extortion to face to face encounters. Alleged threats can be spoken, written, printed, or transmitted electronically. Emails, text messages, social media messages, voice notes, and even indirect communications relayed through third parties can become the foundation of an extortion case.

This expansive view of communication means that casual or emotionally charged messages are often reviewed after the fact, without the surrounding context that explains tone or intent. Statements that were never meant as serious threats can be reinterpreted once a complaint is made.

Penalties for Extortion in Florida

As of early 2026, extortion under Florida Statute 836.05 is classified as a second degree felony. A conviction can result in up to 15 years in Florida state prison, up to 15 years of probation, and a fine of up to $10,000. These penalties apply even when no money changes hands and no physical harm occurs.

Because extortion is a felony offense, a conviction also carries long term consequences beyond incarceration. These include a permanent criminal record, loss of civil rights, employment barriers, and serious immigration consequences for non citizens.

Enhancement Charges and Aggravating Factors

When Extortion Charges Become More Severe

Extortion cases rarely exist in isolation. Prosecutors often look for ways to increase potential penalties by adding related charges or enhancements. For example, if the alleged threat involved electronic communications such as emails or online messaging, prosecutors may also pursue charges related to communications fraud or other white collar offenses.

If the alleged conduct involved large sums of money, multiple victims, or an ongoing pattern of behavior, the case may be treated as more serious. Prior criminal history can also play a significant role in sentencing exposure.

Interstate Conduct and Federal Exposure

When alleged extortion involves communications that cross state lines or affect interstate commerce, federal authorities may become involved. This is especially common in cases involving the internet, social media platforms, or financial systems that operate across state boundaries. Once a case moves into federal court, sentencing exposure often increases dramatically, and the process becomes faster and more complex.

Foreign Agent and National Security Allegations

Florida law also allows for enhanced penalties in rare but serious situations. If a person is accused of acting as a foreign agent for the benefit of a foreign country of concern, extortion charges may be elevated to a first degree felony. These allegations carry some of the harshest penalties available under state law and require immediate, experienced legal representation.

Cyberextortion and Digital Threat Cases

The Rise of Cyberextortion in Florida

Cyberextortion has become increasingly common as personal, financial, and business data move online. These cases often involve allegations of threats to release sensitive information, disrupt computer systems, or deploy ransomware unless demands are met. Florida prosecutors aggressively pursue these cases, frequently in coordination with federal agencies.

Digital evidence is central to cyberextortion cases, but it is also highly vulnerable to misinterpretation. Screenshots, partial message threads, and server logs may not tell the full story. Messages can be altered, accounts can be shared, and context can be lost entirely.

Misidentification and Intent Issues

Not all cyberextortion cases involve sophisticated hackers or technical expertise. Many allegations arise from forwarded messages, shared devices, or online arguments that spiral out of control. A key issue in these cases is establishing who actually sent a message, whether it was intended as a threat, and whether it was meant to reach the alleged victim at all.

Recent federal prosecutions highlight how seriously courts treat cyber based extortion, especially when multiple victims or coordinated efforts are alleged. However, the presence of digital evidence does not mean the prosecution’s narrative is accurate or complete.

Federal Extortion Charges

Federal Statutes and Prosecution Strategy

Federal extortion charges may be brought when alleged conduct involves interstate or foreign commerce, online platforms, or international communications. Federal prosecutors often rely on patterns of behavior rather than isolated statements, using extensive digital records to infer intent.

Once federal authorities become involved, the stakes rise significantly. Federal sentencing guidelines, mandatory minimums in some cases, and the resources available to prosecutors make early defense strategy critical.

The Importance of Early Intervention

Defending against federal extortion allegations requires a deep understanding of both state and federal law, as well as the technical aspects of digital evidence. Early intervention allows a defense attorney to challenge jurisdiction, preserve favorable evidence, and prevent damaging statements from being made during the investigation phase.

Choosing the Right Lawyer for an Extortion Case

Extortion cases demand a defense attorney who understands nuance and is comfortable handling serious felony charges. These cases often turn on interpretation, credibility, and intent rather than clear physical acts. An effective defense examines what was said, how it was communicated, when it occurred, and why it was said.

Experience with trial litigation is critical. Prosecutors are more likely to negotiate responsibly when they know the defense is prepared to take a case to trial. Monica Ishak’s extensive trial experience allows her to approach extortion cases from a position of strength and credibility.

Defenses vary widely depending on the facts. In some cases, the focus is on showing that no true threat existed. In others, the defense may demonstrate that the communication was lawful, conditional, or part of a legitimate dispute resolution effort. Every case requires a tailored strategy built on facts, not assumptions.

Moving Forward After an Extortion Accusation

An extortion accusation can feel overwhelming, especially when it arises from a situation you never believed would become criminal. The consequences can affect your freedom, your career, and your reputation long before a case ever reaches court. Taking control early is essential.

The Ishak Law Firm is committed to defending individuals accused of extortion in Palm Beach County and throughout South Florida. If you are facing an investigation or have already been charged, contact our legal team to schedule a consultation. We can help you understand your exposure, protect your rights, and begin building a defense strategy designed to move your case forward.

Fill Out Our Contact Form