Written Threats to Kill or Injure in Florida

WRITTEN THREATS TO KILL OR INJURE IN FLORIDA – An Insight by an Experienced Orlando Attorney

What are the Elements of Written Threats to Kill or Injure in Florida?

Under Sec. 836.10, Florida Statutes, the elements of Written Threats to Kill or Injure in Florida are:

• A person made a threat to kill or harm another person, or to conduct a mass shooting or act of terrorism, in any writing or record; AND
• The person sent, posted, or otherwise caused to be sent the writing or record containing the threat in a manner where another person could view it.

What are the Penalties for Written Threats to Kill or Injure in Florida?

Written Threats to Kill or Injure is a second-degree felony in Florida, punishable by up to 15 years of prison or probation, and a $10,000 fine.

The charge carries a severity level of 6 (or 36 points) under the Criminal Punishment Code. Assuming there are no aggravating circumstances (such as prior criminal convictions), there is no minimum mandatory sentence. This means that even though the judge can sentence you up to the maximum prison time, the judge is not required to order any amount of prison time.

How Can I Fight a Charge of Written Threats to Kill or Injure in Florida?

The United States Supreme Court has held that the First Amendment prevents you from being prosecuted for making a threat unless it constitutes a “true threat,” i.e. a threat to do harm that could be taken as serious and not simply bragging or exaggerating. Although Florida courts haven’t opined much on this “true threat” exception to the First Amendment, other courts have found that the prosecutor is required to prove either (1) that the defendant intended the victim to believe the defendant was making a true threat, (2) that a reasonable person in the victim’s position would have taken the defendant’s conduct to be a true threat, regardless of the defendant’s intent, or (3) both. Thus, you may be able to argue that the State is required to prove both that you intended to make a true threat and that a reasonable person would take your conduct to be a true threat.

When charged with Written Threats to Kill or Injure in Florida, it’s crucial to understand the defenses available. One of the most common defenses is the motion to suppress, which seeks to exclude evidence that was obtained in violation of your constitutional rights. Another potential defense is the alibi defense, where you provide evidence that you were elsewhere when the alleged crime occurred, making it impossible for you to have committed the crime.

At Leppard Law, we can use these and other strategies to challenge the State’s case or prove your innocence. Our experienced attorneys can take the steps necessary to challenge any restraining orders or charges you may currently face.

FAQs

1. What is the punishment for Written Threats to Kill or Injure in Florida?

Written Threats to Kill or Injure is a second-degree felony in Florida, punishable by up to 15 years of prison or probation, and a $10,000 fine.

2. What constitutes Written Threats to Kill or Injure?

Written Threats to Kill or Injure involves a person making a threat to kill or harm another person, or to conduct a mass shooting or act of terrorism, in any writing or record, and the person sending, posting, or otherwise causing to be sent the writing or record containing the threat in a manner where another person could view it.

3. Can I fight a charge of Written Threats to Kill or Injure in Florida?

Yes, there are several defenses available to fight a charge of Written Threats to Kill or Injure in Florida, including demonstrating that the alleged crime served a legitimate purpose or providing an alibi.

4. How can Leppard Law help me with a charge of Written Threats to Kill or Injure?

Leppard Law can help by challenging the State’s case, proving your innocence, or moving to throw out evidence that was obtained in violation of your constitutional rights.

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