Written threats have increasingly become a substantial cause for concern in recent years. Threatening to kill someone or cause them harm has always been illegal. However, the widespread use of the internet and the ability to reach people instantly has drastically increased the number of cases and arrests.
Using an electronic communication device to threaten violence against another person can result in severe criminal charges. Sentencing for a conviction for this type of crime could mean harsh penalties and long-lasting consequences.
You must take these charges seriously to ensure your legal rights are protected, but you do not have to do it alone. Our seasoned Ft. Lauderdale written and electronic threats Lawyers have the experience to build a strong defense on your behalf. One of our criminal Attorneys at Leifert & Leifert can fight to exonerate you and get you the best outcome for your case.
Threats Through Electronic Communication
The Florida Criminal Code classifies electronically communicated threats as “Level Six” offenses. Even a first-time conviction could lead to severe penalties. According to Florida Statutes § 836.10, using an electronic device to send, transmit, or post terroristic threats, such as a mass shooting, is illegal.
The Statute covers all electronic communication, including written text, records, recorded content, graphics, and video. The Statute does not include traditional telephone calls. A conviction could result in a second-degree Felony on your permanent record, as well as 15 years in State Prison, long-term Probation, or fines of up to $10,000.
Electronic Threats Through Indirect Communication
Lawmakers recently amended prior Legislation, making it a crime to threaten another person or group indirectly. In this context, Prosecutors can pursue a case against a person for sending threatening messages to someone other than the intended target.
Under the revised Legislation, when someone posts a message to intimidate or threaten a person or group, and the person or group sees the post, Law Enforcement could arrest the poster. Our written and electronic threats Attorneys in Ft. Lauderdale can answer your questions about applicable Statutes, potential penalties, and defense strategies to ensure you fully understand your charges.
Possible Defense Strategies
There are a range of defense strategies against charges resulting from alleged threats. A Ft. Lauderdale Lawyer experienced in written and electronic threats cases can review your options to help determine which is appropriate for your situation. Some examples of common defenses include:
- The alleged Defendant wrote the message, but sending it was a mistake
- The accusations are false, and the alleged Defendant is innocent of the charges
- The communication receives protection under the Constitution’s First Amendment
- Disputing that the alleged Defendant sent the communication intending to threaten violence against others
- The written message or post does not include threats of violence to cause bodily harm, kill people, or carry out a mass shooting
- Evidence establishing doubt about whether the alleged Defendant is the person responsible for composing and posting, transmitting, or sending the threat
Digital crimes or threats involving violence are serious offenses, making a thorough investigation crucial to reach the best possible outcome against the charges.
Schedule a Meeting Today With a Skilled Written and Electronic Threats Attorney in Ft. Lauderdale
Years ago, criminal offenses regarding written threats to cause harm or kill others were rare. However, the ever-increasing popularity of electronic communication, such as social media, has changed things drastically. When disputes get out of hand, people often do or say things they do not intend to do out of frustration.
Unfortunately, putting threats in writing or electronically communicating them is enough cause for arrest. When you are accused of a crime like this, call for a free case review with a dedicated Ft. Lauderdale written and electronic threats Lawyer.
