Making a threat of violence is a serious crime punishable by imprisonment. Even when you did not intend to take action, a potential victim cannot always determine if the person making the threat is serious about seeing it through.
When you are accused of making a threat of violence towards another person, you should speak with a diligent criminal defense Attorney at Leifert & Leifert. A Delray Beach written and electronic threats Lawyer can help prepare the best possible defense based on the specific facts of your case.
What Makes a Violent Threat Illegal
Not all written or electronic threats are considered criminal. The State has outlined rules to address when written or electronic threats are crimes in Fla. Stat. Ann. § 836.10.
The statute makes it unlawful for you to send, post, or transmit a written or electronic record that another person may view as a threat. Specifically, a Court must find that you made a threat to kill or do bodily harm or an act of terrorism in writing or electronic record, that you sent, posted or transmitted the threat in a manner in which another person could view it, and you intended to make or recklessly made a true threat.
Per the Court, a true threat is a serious expression of your intentions to commit a violent act. Additionally, the rule prohibits persuading, inducing, or otherwise causing another person to send or transmit a violent threat.
An electronic record is any transmission created, modified, or received electronically. The record must contain text, graphics, video, audio, or a digital picture.
This means a Court could potentially find you guilty when you made a threat on the Internet, including threats made on a social media platform such as Instagram or Facebook. The rule makes clear that an electronic record does not include a telephone call.
Making an illegal written or electronic threat is a second-degree Felony. According to Fla. Stat. Ann. § 775.082 and Fla. Stat. Ann. § 775.083, a Judge can impose penalties of up to 15 years imprisonment and a fine not to exceed $10,000. A Lawyer in Delray Beach who handles written and electronic threats cases can argue for lesser charges or reduced penalties.
Threats of Terrorism or Mass Shootings
In addition to violent written and electronic threats, the statute criminalizes threatening an act of terrorism. Courts have defined terrorism as any activity that involves a violent or dangerous act to human life that is a violation of State or federal law or computer-related crimes outlawed by Fla. Stat. Ann. § 815.06.
The Prosecutor must prove the Defendant intended to intimidate, injure, or compel civilians or influence government policy by intimidation or coercion. Someone charged with terrorism may also attempt to impact government conduct through:
- Property destruction,
- Piracy related to an aircraft
- Kidnapping
- Murder
- Assassination
Threats of terrorism or a mass shooting are also considered a second-degree Felony under State law.
Potential Defenses For Making Written or Electronic Threats
During your consultation with one of our Leifert & Leifert Attorneys, we can help analyze possible defenses to accusations of written or electronic threats of violence in Delray Beach. State law outlines certain exemptions and specific elements that must occur for a conviction.
For example, interactive computer or mobile phone service providers, such as internet service providers, are not liable when their service was used to transmit the threat of violence or terrorism.
Some other potential defenses include:
- You did not send the threat
- You sent the threat by accident
- You were accused due to mistaken identity
- The communication was not intended as a threat
- The communication did not contain an actual threat
- Your email, Instagram, or Facebook account was hacked
- The recipient was unreasonable in viewing the communication as a threat
- The recipient was confused by a figure of speech that was not intended as a threat
This list is not exhaustive, as there are several potential defenses to accusations of written or electronic threats. Our team will work hard to determine the best defense for you.
Call a Delray Beach Attorney For Written and Electronic Threat Allegations
If you need to speak with a Delray Beach written and electronic threats Lawyer, please contact our firm as soon as possible. Our experienced team will work hard to get your charges Dismissed or help you avoid an unjust punishment.
One of our knowledgeable Leifert & Leifert Attorneys is available for a free initial consultation and case review if you were charged with making written and electronic threats.