Legal Question in Criminal Law in California

Someone keyed my car and is now denying it after already filing a police report. We told a mutual friend that we wouldnt press charges as long as the car was fixed by them and the mutual friend told them they should pay for we will press charges. Now the mother is threatening extortion. Is this extortion on our part or no considering she is a mutual third party? We have had no contact with the person at fault

Asked on 5/31/19, 12:58 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

You do not commit the crime of extortion if you threaten to do something to someone else that you have a legal right to do. You would have a right to file criminal charges in this situation, if you have good faith belief and evidence that person did the crime to your car. So, as long as you are sure of their guilt, and are asking for your actual damages, you would seem to have a defense to the claim of extortion.

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Answered on 6/02/19, 6:56 am

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