Extortion Charges in Texas

If you’ve watched “Breaking Bad” and cringed at the devastating spiral Walt faces after his coercion and criminal deals, or seen news headlines about cyber blackmail and vulnerable people being accused of “extortion,” you know how frightening this kind of charge can feel. Fictional and real-world stories often paint extortion as clear-cut, malicious wrongdoing. But many Texans accused of extortion don’t see themselves as hardened criminals. They’re regular people caught up in situations that spiraled out of control or were misunderstood. Unlike a Hollywood story, the risk to you is very real — your reputation, freedom, and future are on the line.  

In Montgomery County, Andrea M. Kolski is the defense attorney people trust when facing extortion charges or other criminal accusations.  Andrea offers more than legal defense — she offers a path forward. With compassion for clients who maintain their innocence and a fierce commitment to defending their rights, Andrea has helped those accused of extortion in Montgomery County and throughout Texas confront these charges head-on.  

Andrea’s experience, strategic approach, and respect within the legal community give clients real hope even in the darkest of times. 

What is Extortion Under Texas Law 

The term “extortion” has many interpretations. People can use the word “extortion” to describe anything from aggressive negotiations to threatening behavior. But in Texas law, the meaning is clear cut. Traditionally, extortion involves using threats or coercion to unlawfully obtain money, property or some other benefit from another person. The classic image of someone threatening harm to get something in return is part of it, but Texas law also recognizes non-violent threats, such as threats to damage a person’s reputation or expose private information — often described as blackmail or doxxing. 

While Texas does not currently have a single, stand-alone “extortion” statute for all situations, extortion charges are often prosecuted under broader Texas theft and coercion laws. When a person uses threats or coercion to obtain property, money, or services without consent, the conduct is typically charged as theft by coercion under the Texas Penal Code. 

At a technical level, extortion and related behavior may show up in multiple parts of Texas law: 

• In the Texas Penal Code, coercion (which can include extortion-like threats to commit wrongdoing unless certain benefits are provided) forms the basis of theft offenses. 
• Certain specific statutes, such as those involving sexual coercion, also treat threats and extortion as elements of the offense. 

The key legal issue is often not just what was said or done, but why it was done and whether the accused intended to use the threat to unlawfully obtain something from another person. 

Extortion or Not?  A Closer Look 

The average person often confuses what might legally be extortion versus what feels like inappropriate behavior. Just because a conversation or demand feels harsh or unfair doesn’t mean criminal extortion occurred. That said, seemingly innocent conduct can cross legal lines without the person even realizing it. 

For example: 

• Hypothetical situation 1: John and his business partner disagree over distribution of profits. In a heated text exchange, John says, “If you don’t pay me what you owe, I’ll tell the bank you’re hiding assets.” John did not intend physical harm, but his comment could be viewed as a threat intended to coerce payment under Texas law. 

• Hypothetical situation 2: Maria is owed money by a former contractor. She posts negative reviews online and tells the contractor she’ll continue unless she’s paid. According to Texas law, the contractor could interpret this as a threat to harm business reputation and report Maria to authorities. 

• Hypothetical situation 3: A tenant tells a landlord that unless repairs are made immediately, they will “go to every authority and reporter I can find” — without any genuine plan to do so. This scenario is a trickier as it could be misunderstood as coercive rather than expressive of legitimate concerns.  An argument can be made for both sides in this hypothetical situation. 

In each scenario, people could find themselves accused of extortion-related conduct even though they believed they were asserting their rights or expressing frustration or anger. 

These misunderstandings happen because the law focuses on intent, threats, and whether consent was genuine, not simply on whether a person felt they were right. That’s why consulting with a defense attorney experienced in Texas extortion law is important before things get out of hand. 

Punishments and Penalties for Extortion-Related Charges in Texas 

When extortion or coercion is charged in Texas, the potential punishment depends on the nature of the act and the value of the property or benefits obtained through the coercion. Under the theft provisions that generally subsume extortion charges: 

• Misdemeanor charges can apply when the unlawful gains are relatively small, with penalties including fines and possible county jail time. 

• Felony charges arise when the value obtained is substantial, with escalating severity ranging from state jail felonies to first-degree felonies. This can mean years in prison and significant fines for convicted defendants. 

Notably, courts may increase the seriousness of a charge if the alleged victim is elderly or particularly vulnerable, or if the conduct involves other aggravating factors. Additionally, Texas law allows for restitution to victims and fines that can compound the long-term consequences of a conviction. 

These penalties underscore why it’s critical for anyone facing extortion charges to secure experienced and competent legal counsel as early as possible. 

Defense and the Burden of Proof  

One of the most important legal principles in any criminal case, including extortion, is that the State must prove every element of the offense beyond a reasonable doubt. That means prosecutors must show not just that a statement was made, but that the defendant intentionally used that statement to obtain a benefit through coercion or unlawful threats. 

There are a number of areas where a defense attorney could focus: 

• Lack of intent to unlawfully coerce or obtain something of value. 
• No actual threat made — Ex: statements taken out of context or no evidence of a threat. 
• Proving the alleged victim consented to the transaction or agreement. 
• Procedural or evidence issues that undermine the prosecution’s case. 

These are complex legal concepts that require careful evaluation of evidence and legal analysis — the sort of work defense attorney Andrea Kolski has dedicated her career to mastering. 

Trust A Proven Defender On Your Side 

When you’re accused of a crime like extortion, you need a skilled legal fighter — you need a lawyer with the experience and confidence to battle on your behalf. That’s exactly what Andrea M. Kolski delivers. 

Andrea has over 25 years of criminal defense experience, representing clients in state and federal courts. As a familiar face in Montgomery County courtrooms, Andrea has earned the respect of judges, prosecutors, and fellow defense attorneys for her legal knowledge, courtroom skill, and fierce loyalty to her clients. Clients often describe her as a “pitbull in the courtroom” because she never backs down from a fight. Her peers recognize her as a seasoned strategist who understands the nuances of criminal law and leverages that expertise to achieve the best possible outcomes. 

As a former prosector, Andrea understands how to challenge evidence, negotiate with prosecutors, and craft defense strategies tailored to the unique facts of each case. Andrea is not intimidated by complexity, and she doesn’t rely on one-size-fits-all solutions. Her approach is personalized, precise, and always focused on the best possible outcome for her clients. 

How Innocent People Break the Law  

Many people mistakenly believe extortion charges only apply to violent criminals or organized crime figures. In reality, ordinary law-abiding Texans can find themselves on the wrong side of the law with their actions. 

Some ways people inadvertently violate extortion laws include: 

• Making statements that could be interpreted as threats, even if no harm was intended. 
• Attempting to negotiate payment or restitution after a dispute without legal guidance. 
• Emotional or pressured communications in personal situations. 
• Using digital messages or social media in ways that could be seen as coercive. 

Because extortion charges hinge on both what was communicated and how it could be interpreted, even innocent conduct can be misrepresented without a careful legal defense. 

Hire Montgomery County’s Trusted Defense Attorney  

If you’ve been arrested for extortion or coerced theft in Montgomery County, Texas, it’s a mistake to go it alone or with inexperienced legal defense. The stakes are high and charges of this type can irreparably harm your reputation, employment prospects, and freedom.  

At Nonstopjustice PLLC, Andrea Kolski and her dedicated staff provide more than courtroom representation. They offer strategic guidance, honest communication, and unwavering support through every phase of your case.  

Andrea’s depth of experience — combined with her intimate knowledge of Montgomery County legal system— positions clients for the strongest defense possible. Whether through skillful negotiation or tenacious litigation, Andrea works tirelessly to secure favorable results. 

A Strong Advocate When You Need It Most 

If extortion charges threaten to upend your life, you need an attorney who respects your rights, believes in your right to a fair defense, and has a proven track record of success. Andrea M. Kolski is that advocate. Her reputation as a “pitbull in the courtroom,” honed over decades of Texas law practice, means she will challenge the State’s case at every turn and leave no stone unturned in pursuit of justice. 

Contact us today and take the first step toward protecting your rights and your life.