You may become emotional or angry when speaking to people, and interacting, texting or posting over the internet can exacerbate those feelings. As a result, you might use language strong enough to be construed as a threat even if you do not intend to harm anyone.
Threats can be expressed in writing and online as much as by shouting in a verbal altercation, and a Boynton Beach written and electronic threats Lawyer can help if you are charged with making a threat. At Leifert & Leifert, our experienced Attorneys can start your Defense to a criminal investigation and charges so you can remain free and clear of the law.
What Is a Written or Electronic Threat?
Not every interaction can be construed as a threat, and only some threats are characterized and criminalized as written or electronic threats. For something to be a written or electronic threat, there must be an electronic record. This is defined by Florida Statutes § 836.10 as any record created, modified, archived, received, or distributed electronically that has some content in digital or written form.
Speaking to someone, even on the phone, is not a written or electronic threat under this statute. To be considered a threat, the content of an electronic message must either threaten to kill or cause bodily harm, or threaten to commit a mass shooting or act of terrorism. If a message counts as a written or electronic threat, it can be punished as a second-degree Felony. A conviction can result in up to 15 years in Prison under Florida Statutes § 775.082 and a maximum fine of $10,000 under Florida Statutes § 775.083.
A threatening message may have another purpose, namely, extorting someone for money or to take some action. A written or electronic message that threatens any number of things to force someone’s hand can be a threat and a second-degree Felony as laid out by Florida Statutes § 836.05. This includes threatening to falsely accuse a person of a crime, damage a person’s reputation, or reveal secrets or indiscretions.
Expressing your frustration or anger might not rise to the level of a threat if you do not state or imply the desire to hurt someone. However, you could post on social media in vague terms and be charged with making a threat, like you would be after sending a threatening written or electronic message via text or letter. Our Boynton Beach Criminal Defense Lawyers know the difference and provide crucial assistance when building a strategy against charges of written and electronic threats.
How Can a Defense Attorney Help Defend Against Charges of Making Threats?
At Leifert & Leifert, our Lawyers will start developing a specific defense for you by evaluating the individual facts of your case and what allegedly happened. Speaking with you, Law Enforcement, viewing evidence and any witnesses can establish what really happened and could even clear up criminal suspicion early on.
Once the Prosecution brings charges, they must show that a crime was committed and that you are guilty beyond a reasonable doubt. There must be evidence, rather than a mere implication, for the crime of making a written or electronic threat. The evidence must demonstrate that you actually sent a threatening message or had someone send it on your behalf.
The content of the message also matters, as messages are not threats if they do not threaten to kill, hurt, or commit a violent act specified under the statute. Although a heated exchange or expression of opinion online may be received poorly, a particular message might not be punishable as a crime at all.
A Boynton Beach Criminal Defense Attorney can make these arguments on your behalf and keep the Prosecution’s actions within constitutional boundaries if you are charged with making written and electronic threats.
Consult a Boynton Beach Attorney Regarding Written and Electronic Threats
You might not know who to turn to when facing criminal charges or after coming under suspicion of making a threat. A Boynton Beach written and electronic threats Lawyer from Leifert & Leifert can review your case and start your Defense today. Call now to arrange a free consultation.
