(561) 988-8000 Strong emotions can get the better of you, especially in the context of personal relationships. People get heated while communicating in writing or on the internet, insulated from face-to-face confrontation, resulting in nasty language that can border on threatening.
Written and electronic messages can constitute threats and be punished as crimes if you are not careful. Should you come under investigation or prosecution for your words, a Broward County written and electronic threats Lawyer can evaluate what you have said and written and help you defend yourself from criminal charges. Contact a Leifert & Leifert Defense Attorney who can get you the best possible result.
When Do Words on the Internet or in Writing Become Criminal Threats?
The basis of a written or electronic threat is a written record or any record created, modified, archived, received, or distributed electronically that has some content in digital form, as defined by Florida Statutes § 836.10. Telephone calls are not included in this definition, and the threat must be to either kill or cause bodily harm or commit a mass shooting or act of terrorism.
Written and electronic threats count as second-degree Felonies under Florida law, emphasizing the seriousness of threats to kill, harm, or hurt people. Convictions for second-degree Felonies can be punished with both a prison term of up to 15 years under Florida Statutes § 775.082 and a fine of up to $10,000 under Florida Statutes §775.083.
Written or electronic threats that include the extortion of the person to whom the threat is directed can also result in criminal charges. Under a separate statute, Florida Statutes §836.05, a message that threatens to accuse someone of a crime, to harm a person’s reputation, or to reveal a secret to force someone to take an action is also a second-degree Felony.
If you post something, send a direct message (such as in a text or on a social media platform), or even write a letter that contains a threat, you could face charges under these statutes. A Broward County defense Attorney from Leifert & Leifert can help you determine if you have made a written or electronic threat and start your defense accordingly.
Defending Against Charges for Written and Electronic Threats
Crafting a defense to criminal charges will depend on the alleged crime, but a defense can target both the crime charged and the case built by the police and Prosecution. In the case of written and electronic threats, the Prosecution must prove beyond a reasonable doubt that you actually sent the threat or procured it through another person.
If there is evidence that a Defendant did not actually send a threat, such as in a case of hacking or another person using the Defendant’s mobile phone, social media account, etc., then this element of the crime could be disproven. It might also be possible that the content of the alleged threat does not meet the criteria required by statute to make it a crime and could simply be considered harsh or angry language.
An Attorney at Leifert & Leifert can help a Defendant push back against the Prosecution on the substance of the alleged crime as well as the supporting evidence. By challenging the police to follow rules for obtaining evidence and enforcing the rules binding prosecutors when bringing evidence into Court, a defense Lawyer can protect your rights and possibly preserve your freedom.
A Broward County criminal Lawyer can make all the difference when facing charges for alleged written and electronic threats. Rather than risking years in prison and thousands of dollars in fines, if you are charged with this crime, you should contact a Leifert & Leifert defense Attorney immediately.
Speak With a Broward County Attorney About Written and Electronic Threats
Saying the wrong thing online or writing something when in an emotional state could suddenly see you charged with a crime. With your freedom at risk, you should rely on a Broward County written and electronic threats lawyer for help.
One of our Attorneys at Leifert & Leifert can fight on your behalf, bringing decades of experience in criminal defense to your case. Call our offices today to schedule a free initial consultation.
