Threatening to Press Criminal Charges: Is That Legal?

People—lawyers or not—who threaten to accuse someone of a crime or to start criminal proceedings against others can land in hot water.

Lawyers Who Threaten Criminal Charges to Gain an Advantage: Ethics Violations

Lawyers who threaten to take opponents to criminal court in order to gain an advantage can be subject to discipline for unethical behavior. This scenario sometimes arises in particularly contentious cases: Lawyer A threatens to report Lawyer B or Lawyer B's client to the authorities for some kind of alleged misconduct unless they cave to A's demands. Of course, if the threatened party has actually committed a crime, that party probably won't want to report the threat-maker (thereby potentially drawing the interest of law enforcement investigators).

Whether a lawyer who makes this kind of threat can be disciplined depends on the law in the jurisdiction. In California, for one, the relevant rule says that a lawyer "shall not threaten to present criminal, administrative, or disciplinary charges to obtain an advantage in a civil dispute." (Cal. R. Prof. Conduct 3.10 (2025).)

Threatening Criminal Accusations to Gain Property or Services: Criminal Extortion

It can even be a crime to threaten to initiate criminal proceedings against someone. In Washington, for example, trying to obtain goods or services from another by the threat of criminal prosecution constitutes second-degree extortion. It's a defense that the defendant reasonably believed the threatened charges to be true and was acting solely to cause the other party to remedy the situation. (Wash. Rev. Code §§ 9A.04.110, 9A.56.110, 9A.56.130 (2025).)

Several states consider it extortion to threaten criminal accusations against someone to gain property or services, although they may differ on whether those accusations must be false. If the accusations are false and the person who goes through with the threat, they could also be charged with a crime for filing a false police report.

Threatening Someone With a Civil Lawsuit: Harassment

Threatening to file a civil lawsuit against someone isn't a crime when it's a legitimate negotiation tactic to resolve a legal issue, such as a breach of contract. But a heated situation like this can quickly ramp up to a crime. A person who makes these threats repeatedly to annoy, intimidate, or cause emotional distress to another commits criminal harassment.

Get Legal Help

Anyone who's been threatened with criminal charges should normally consult an experienced attorney as soon as possible.