Blackmail

Facing blackmail charges in Missouri is a serious matter that can have profound implications on your personal and professional life. At Scrivner Law Firm, we are committed to providing robust defense strategies for individuals accused of blackmail in Taney, Stone, and Christian Counties. Led by former prosecutor Dayrell Scrivner, our firm leverages extensive legal experience and local insights to protect your rights and seek favorable outcomes.

Understanding Blackmail Under Missouri Law

In Missouri, blackmail is often prosecuted under statutes related to coercion, extortion, or threats. The offense involves threatening to reveal information or take action against someone unless they meet certain demands, typically involving money, property, or services. Depending on the severity and circumstances, blackmail can be charged as either a misdemeanor or a felony.

• Misdemeanor Charges: In cases involving minor threats or limited harm, blackmail may be classified as a Class A misdemeanor, punishable by up to one year in county jail and fines up to $2,000.
• Felony Charges: More serious cases, such as those involving significant threats, substantial financial demands, or threats involving public officials, can be charged as Class D felonies, carrying penalties of up to seven years in prison and fines up to $10,000.

The key elements prosecutors must prove include: (1) the making of a threat, (2) with the intent to obtain something of value, or (3) to compel someone to act against their will.

Common Examples of Blackmail

Blackmail can occur in various scenarios, including:

• Threatening to reveal damaging photos or videos unless paid.
• Demanding money to withhold information about someone’s personal relationships.
• Coercing a business to make payments to avoid public exposure of alleged misconduct.
• Threats made during contentious divorces or business disputes.

Regardless of the situation, a blackmail conviction can have life-altering consequences. This is why it is essential to work with a skilled Missouri criminal defense attorney who understands both the law and the local courts.

Why Choose Scrivner Law Firm for Your Defense

Attorney Dayrell Scrivner brings over 20 years of prosecutorial experience to your defense. Having served as Assistant Prosecuting Attorney in Stone County and as Chief Assistant Prosecutor from 2002 to 2018, he possesses an in-depth understanding of the criminal justice system from both sides. This unique perspective enables him to anticipate prosecutorial strategies and build effective defenses.

Our firm is deeply rooted in the communities of Taney, Stone, and Christian Counties. We have established relationships with local court officials and law enforcement, which can be invaluable in navigating the legal process. We understand the local nuances that can impact your case and are committed to delivering personalized legal representation tailored to your specific needs.

At Scrivner Law Firm, you are not just another case number. You are a person with rights, a future, and a story that deserves to be heard.

Defense Strategies Against Blackmail Charges

Every blackmail case is unique, and we tailor our defense strategies to the specific circumstances of each client. Common defenses include:

• Lack of Intent: Demonstrating that there was no intention to threaten or coerce the alleged victim.
• False Accusations: Challenging the credibility of the accuser and presenting evidence that the allegations are unfounded.
• Insufficient Evidence: Highlighting the prosecution’s inability to provide concrete evidence supporting the charges.
• Violation of Rights: Arguing that evidence was obtained through unlawful means, such as illegal searches, wiretapping without a warrant, or coerced confessions.

In certain situations, the defense of duress may be applicable. Under Missouri law, duress involves committing an act due to immediate threats of unlawful physical force. However, this defense requires proving that a person of reasonable firmness would have been unable to resist the threat.

Additionally, misunderstandings and miscommunications can sometimes lead to blackmail allegations. We thoroughly investigate all circumstances to uncover the truth.

Case Law: State v. Brown

In State v. Brown, 561 S.W.2d 388 (Mo. Ct. App. 1978), the Missouri Court of Appeals addressed the issue of coercion as a defense. The court noted that coercion is generally considered an affirmative defense, meaning the defendant bears the burden of proving it. This case underscores the importance of presenting compelling evidence when asserting such defenses.

Another relevant case is State v. Schaal, 806 S.W.2d 659 (Mo. 1991), where the court discussed the nature of threats and the requirement that threats must be specific and credible to constitute criminal conduct.

Understanding these precedents is crucial for constructing a strong defense. At Scrivner Law Firm, we are well-versed in Missouri case law and leverage it to our clients’ advantage.

Consequences of a Blackmail Conviction

Beyond criminal penalties such as jail time and fines, a blackmail conviction can have far-reaching effects:

• Permanent Criminal Record: A felony conviction can permanently impact your ability to find employment, secure housing, or obtain professional licenses.
• Loss of Reputation: Being associated with blackmail can cause irreparable harm to your personal and professional reputation.
• Loss of Civil Rights: Felony convictions can result in the loss of the right to vote, possess firearms, and more.

These consequences make it vital to fight blackmail charges aggressively from the outset.

Early Intervention Matters

If you are under investigation or have been charged with blackmail, it is crucial to seek legal counsel promptly. Early intervention allows us to:

• Engage with prosecutors before formal charges are filed.
• Challenge unlawfully obtained evidence.
• Protect your rights during police questioning.
• Negotiate for reduced charges or case dismissal.

At Scrivner Law Firm, we take swift action to safeguard your future. We understand how stressful and overwhelming facing criminal charges can be, and we are here to guide you every step of the way.

What to Expect When You Work With Us

When you choose Scrivner Law Firm, you can expect:

• Personalized Attention: We take the time to understand your story and your goals.
• Thorough Investigation: We scrutinize every piece of evidence and uncover any inconsistencies.
• Strategic Advocacy: We develop a customized defense strategy aimed at achieving the best possible result.
• Compassionate Support: We treat every client with respect, dignity, and understanding.

Our goal is to help you move forward with your life with the least disruption possible.

Contact Scrivner Law Firm

At Scrivner Law Firm, we are dedicated to defending the rights of individuals facing blackmail charges in Taney, Stone, and Christian Counties. Our commitment to personalized legal representation ensures that your case receives the attention and expertise it deserves. Contact us today.