Extortion Under Color Of Official Right Lawyer New Jersey — What Are Your Defense Options?
Extortion under color of official right is a serious federal crime under 18 U.S.C. § 1951, the Hobbs Act, carrying up to 20 years in prison. If you are a public official or employee in New Jersey accused of this offense, you need a defense lawyer with deep federal experience. Law Offices Of SRIS, P.C.
What Is Extortion Under Color Of Official Right Under Federal Law?
Extortion under color of official right is a specific type of public corruption prohibited by the Hobbs Act. Unlike bribery, which involves a two-way exchange, this crime occurs when a public official wrongfully obtains property from another person through the misuse of their office, with the victim’s consent being induced by the official’s wrongful use of fear or under color of their official authority. The property can be money, goods, or anything of value. The statute, 18 U.S.C. § 1951, is prosecuted in federal courts like the U.S. District Court for the District of New Jersey.
Last verified: April 2026 | U.S. District Court for the District of New Jersey | 18 U.S.C. § 1951
Official Resources & Statutes
Understanding the law is critical. The federal statute defining this crime is 18 U.S.C. § 1951 (Cornell Legal Information Institute). For local court procedures and rules, refer to the U.S. District Court for the District of New Jersey website.
Defending Against Federal Extortion Charges in New Jersey
Federal prosecutors in New Jersey aggressively pursue public corruption cases. A successful defense requires challenging the government’s proof of a key element: that you obtained property not lawfully due to you, under color of official right, and that interstate commerce was affected. Common defense strategies include arguing a lack of wrongful intent, that the payment was a lawful gift or campaign contribution, or that there was no explicit or implicit threat made under color of office. The procedural steps in federal court are distinct from state court.
- Initial Federal Investigation: You may be contacted by the FBI or another federal agency. Do not speak to agents without your attorney present.
- Grand Jury Indictment: Federal charges are typically brought via a grand jury indictment, not a criminal complaint.
- Arraignment in U.S. District Court: You will appear before a federal magistrate judge to hear the charges and enter a plea.
- Pre-Trial Motions & Discovery: Your attorney will file motions to challenge evidence and obtain the government’s case materials.
- Plea Negotiations or Trial: Most federal cases are resolved by plea. If not, your case proceeds to a jury trial in federal court.
- Sentencing Under Federal Guidelines: If convicted, sentencing follows the complex U.S. Federal Sentencing Guidelines.
Potential Penalties for a Federal Conviction
In New Jersey, a federal conviction for extortion under color of official right under the Hobbs Act carries severe penalties, including lengthy prison terms, substantial fines, and permanent consequences.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Extortion Under Color of Official Right (18 U.S.C. § 1951) | Federal Felony | Up to 20 years | Up to $250,000 (individual) | Forfeiture of property, permanent loss of public office/employment, loss of pension benefits, permanent criminal record. |
Results may vary. Prior results do not aim for a similar outcome.
Our Firm’s Experience in Federal Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings a combined 120+ years of legal experience to complex federal cases. Our approach is grounded in a deep understanding of federal procedure and the strategies used by U.S. Attorney’s Offices. We prepare every case as if it is going to trial, which strengthens our position in negotiations. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%.
Case Results & Client Advocacy
Our firm has a documented history of achieving favorable results in federal cases. While every case is unique, our defense strategies are built on meticulous case analysis and aggressive advocacy. We have successfully challenged the government’s evidence and negotiated favorable resolutions for clients facing serious federal allegations.
Results may vary. Prior results do not aim for a similar outcome.
Local Federal Defense Representation in New Jersey
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (732) 651-3900
By appointment only.
Our New Jersey location in Tinton Falls serves clients across the state facing federal charges in the U.S. District Court for the District of New Jersey. We offer 24/7 phone consultations at (888) 437-7747, with meetings available by appointment. If you need a federal criminal defense lawyer near Newark, Trenton, or Camden, our team is accessible.
Frequently Asked Questions (FAQs)
Is extortion under color of official right the same as bribery?
No. Bribery involves a quid-pro-quo exchange where an official receives something in return for a specific official act. Extortion under color of official right involves an official obtaining property through the wrongful use of fear or under color of office, without the same explicit exchange requirement.
What does “under color of official right” mean?
It means the public official used the power and authority of their government position to wrongfully obtain property. The victim complies because of the official’s office, even if no explicit threat is spoken. The official’s position itself creates the implicit pressure.
Can I be charged if I didn’t make a direct threat?
Yes. The crime can be proven based on the implicit threat created by your official position. The government must show you obtained property you were not entitled to, knowing it was given because of your office.
What are common defenses to this charge?
Defenses include lack of wrongful intent, entrapment, that the payment was a lawful gift or campaign contribution, and challenging the government’s proof that interstate commerce was affected. A skilled criminal attorney will analyze all evidence to build the strongest defense.
Why do I need a lawyer familiar with federal court?
Federal criminal procedure, evidence rules, and sentencing guidelines are vastly different from state court. A criminal court lawyer with federal experience understands how to handle grand juries, federal discovery, and the U.S. Sentencing Guidelines, which is essential for your defense against criminal charges.
What happens after a federal indictment?
After indictment, you will be arraigned in U.S. District Court. Your attorney will then engage in discovery, file pre-trial motions, and begin plea negotiations. The process is methodical and complex, requiring a defense lawyer who can manage the detailed federal timeline and procedures.
New Jersey Federal Criminal Defense Lawyer | New Jersey Criminal Defense Lawyer
Page Last verified: April 2026. Federal statutes and procedures can change. Contact Law Offices Of SRIS, P.C. for the most current legal guidance regarding extortion under color of official right charges.
An extortion under color of official right case is one part of public corruption & bribery work, and our page on foreign corrupt practices act FCPA violations lawyer New Jersey covers the wider process.