Did you know that a verbal threat could lead to misdemeanor or felony charges in Florida? In a state with stringent laws about maintaining public safety, making a criminal threat isn’t just a heated exchange—it can escalate into a serious legal predicament.
Verbal threats, which fall under the category of verbal assaults, can result in severe legal consequences. These may include jail time, probation, and substantial fines. Whether you’re facing allegations or aiming to protect your rights, it’s crucial to grasp the seriousness of these offenses.
Our experienced Fort Lauderdale criminal defense lawyers are here to discuss your legal options if you’re accused of making threats in Florida. Call Hager & Schwartz, P.A. at (954) 289-9263 or contact us online for a free consultation.
Understanding What Constitutes a Criminal Threat Under Florida Law
Navigating the intricacies of Florida’s legal system can be daunting, especially when understanding what actions may be classified as criminal threats. Whether expressed verbally or through nonverbal cues, making a threat can lead to serious legal consequences.
What Is Considered a Threat?
A threat is any verbal or nonverbal communication that instills a reasonable fear of imminent harm to others. This definition encompasses many behaviors, from direct statements of intent to cause injury to more subtle gestures that imply potential danger.
The essential elements that qualify a communication as a criminal threat include:
- Intent to intimidate: The individual making the threat must intend to induce fear or apprehension in the target.
- Apparent ability: There must be an evident capability to carry out the threatened harm. It’s not just about the words used, but also the perceived means to execute the threat.
- Reasonable fear: The communication must be such that a reasonable person in the recipient’s position would genuinely fear for their safety or that of their loved ones.
A criminal threat goes beyond simply making a mean or angry statement; it involves communicating with the intent and apparent ability to cause fear of harm.
For example:
- Not a criminal threat: Telling someone “I’m really upset with you” during an argument, without an implication of harm, does not constitute a criminal threat.
- Criminal threat: Stating “I’m going to hurt you and your family” while displaying a weapon meets the criteria for a criminal threat due to the apparent ability to carry out the harm.
Can You Go to Jail for Threatening Someone Over Text?
In today’s digital age, threats are no longer confined to spoken words or physical gestures. Electronic communication platforms, such as text messages, social media, and emails, have become common mediums for individuals to issue threats.
Under Florida Statutes § 836.10, sending, posting, or transmitting any electronic record that another person would interpret as a threat to harm them or someone else is illegal. This statute addresses threats made through digital means, recognizing the pervasive nature of electronic communication in modern society.
A conviction under Florida Statutes § 836.10 constitutes a second-degree felony, carrying severe penalties, including up to 15 years of imprisonment and/or up to $10,000 in fines.
Given the gravity of these consequences, it’s crucial to take any accusation of making digital threats seriously. Consulting with a skilled Fort Lauderdale criminal defense lawyer can provide guidance to navigate such charges.
What Happens if You Threaten Someone with a Gun?
The use of firearms in threatening situations introduces an additional layer of legal complexity and severity. Florida law imposes strict regulations and penalties for threats involving weapons, reflecting the heightened danger these actions pose.
Under Florida Statutes § 790.10, improper exhibition of a firearm—defined as displaying a gun in a threatening manner when one or more individuals are present—is a first-degree misdemeanor.
Is Threatening a Minor Illegal?
Florida statutes explicitly protect minors from threats, whether made in person or through digital platforms. Threatening a young individual can result in additional charges and heightened penalties compared to threats made against adults.
Generally, threats made toward minors are prosecuted under the same laws as threats directed at individuals. However, the court may look at the latter more harshly because the victim was a child.
Defending Against Charges of Making Threats
When accused of making a criminal threat in Florida, several defense strategies can be employed to challenge the prosecution’s case.
The most prevalent defenses include the following:
- Lack of intent: The state must establish that the defendant knowingly made a genuine threat. If the defendant can show that their statements were not intended to threaten but were instead expressions of frustration or anger without any malicious intent, this defense may be successful.
For example, John was accused of making a threat after sending a text message to a coworker saying, “I can’t believe you messed up the project again.” John’s defense argued that his message was venting frustration over a work-related issue and was never intended to instill fear. - Contextual misinterpretation: This defense asserts that the alleged threat was taken out of context or that the victim’s fear was unreasonable. By providing the context in which the statement was made, the defendant can demonstrate that the communication was not meant to threaten or that a reasonable person would not interpret it.
For example, Maria commented on social media, “If you keep spreading rumors, things might get interesting.” The victim felt threatened by the comment. Maria’s defense presented evidence that her statement was part of a heated debate and was not intended to convey a real threat. Additionally, no further threatening actions were taken. - Self-defense or defense of others: This defense is applicable when the threat was made in response to an immediate threat or danger, aiming to protect oneself or others from harm. The defendant must demonstrate that the threat was necessary to prevent imminent harm and that a reasonable belief of danger justified making the threat.
For example, during a heated argument, Alex threatened to call the police on a neighbor who was attempting to vandalize his property. The neighbor felt intimidated by the threat. Alex’s defense argued that his statement was made to prevent property damage and ensure safety, thus constituting self-defense. - Mistaken identity: This defense contends that the defendant was incorrectly identified as the individual who made the threat, often due to issues like hacked accounts or identity theft. The defendant must provide evidence that they did not issue the threat, such as alibis, proof of account security breaches, or discrepancies in communication records.
For example, Emma was charged with making online threats via her social media account. She claimed that her account had been hacked and the messages were sent without her knowledge. Upon investigation, it was revealed that the IP address used to send the threats did not match Emma’s usual location. Additionally, she had strong evidence of unauthorized access to her account.
Steps to Take if You’re Charged with Making a Threat
When confronted with a criminal threat charge, the initial steps you take can influence your case. Acting promptly and thoughtfully is essential to mitigate potential legal repercussions.
Steps you can take include the following:
- Stay calm and avoid escalation: Maintaining your composure is critical. Reacting emotionally or aggressively can worsen the situation and may be used against you in court.
- Document everything: Documentation can provide crucial evidence supporting your version of events and helps establish the context of the alleged threat.
- Avoid communicating with the accuser: Limiting or ceasing contact with the person who alleges you made a threat can prevent further complications and potential escalation. Continued contact may be interpreted as ongoing harassment or intimidation, potentially leading to additional charges.
- Contact a defense lawyer: Securing experienced legal representation is one of the most critical steps when facing a threat charge. A skilled Fort Lauderdale criminal attorney can navigate the complexities of Florida law, protect your rights, and work toward a favorable outcome.
- Understand your rights: Knowing your rights prevents you from inadvertently compromising your defense and helps you engage effectively with your legal counsel.
Fort Lauderdale Criminal Defense for Verbal Assault Charges
Many assault charges stem from misunderstanding, overreactions, or false claims. If you have recently been charged with this violent crime, contact Hager & Schwartz, P.A. to get started on your defense. We treat every case with the individual attention it deserves, taking the time to understand your circumstances and crafting a defense strategy aligned with your needs. Our team can work diligently to seek a just result.
Schedule a free consultation by calling (954) 289-9263. Alternatively, visit our Contact Us page to complete our online form. Provide your information and a brief description of your situation, and we’ll get back to you as soon as possible.
Criminal Threats FAQ
Understanding the legal ramifications of making threats in Florida can be complex and overwhelming. Whether you’re seeking clarity on potential penalties or the nuances of assault laws, having accurate information is crucial. Below are responses to some of the most frequently asked questions about threatening someone under Florida law, providing the insights you need to navigate these serious charges confidently.
Can You Go to Jail for Threatening Someone?
Yes, you can be incarcerated for threatening someone in Florida. The severity of the punishment depends on the nature of the threat and the circumstances surrounding it. Threatening someone can be classified under various legal statutes, potentially leading to misdemeanor or felony charges.
Is Threatening Someone Considered Assault in Florida?
Yes, making a threat can constitute assault under Florida law. Florida Statutes § 784.011 defines assault as an attempt or threat to inflict violence upon another person, coupled with the apparent ability to carry out the threat.
Is Threatening to Kill Someone a Crime?
Yes, threatening to kill someone is a crime. Depending on how the threat is made and its intent, such conduct can be prosecuted under a couple of statutes. Florida Statutes § 836.10 explicitly prohibits written or electronic threats to kill another person. Additionally, Florida Statutes § 836.05 prohibits threatening to injure a person with the intent to obtain some monetary advantage or to make the other person do or refrain from doing something against their will.
Can You Be Arrested for Threatening Someone?
Yes, law enforcement officials can arrest you for threatening someone in Florida. Criminal threats are taken seriously, and making a threat that violates Florida law can result in an arrest.
