Pensacola Criminal Threats Lawyer

Florida Criminal Threat Laws: Charges & Penalties

Facing criminal threat charges in Florida can be overwhelming and potentially life-altering. Whether the accusations stem from a misunderstanding, a heated exchange, or a false allegation, understanding the laws and your legal options is critical.

At Mitkevicius Law, PLLC, we focus on defending clients accused of criminal threats in Pensacola and the surrounding areas.

What Are Criminal Threats in Florida?

Criminal threats, sometimes referred to as “terroristic threats” or “aggravated threats,” involve intentionally communicating a threat to harm someone, damage property, or incite fear. They’re different from battery charges, which usually include actual physical damage to occur.

Under Florida Statutes Chapter 836, these threats can be verbal, written, or electronic and must create a reasonable fear of harm in the alleged victim.

Criminal threats are considered “wobbler” crimes, meaning they can either be charged as misdemeanors or felonies. Cases will vary and depend on several factors, including the perceived threats made, your criminal history, and more.

Examples Of Criminal Threats

Criminal threats are often more than words said in an angry or aggressive tone. They usually imply some kind of violence, and often include:

• Threatening to physically harm someone.
• Sending a text message warning of property damage.
• Posting threats on social media targeted at a specific individual.

How Do Charges of Criminal Threats Stick?

In order to make a criminal threat charge stick, the prosecution must prove a number of factors.

• The threat was made intentionally.
• It was unequivocal, unconditional, and specific.
• It caused the alleged victim to reasonably fear for their safety or property.

Basically, the threat must be made to or about someone in particular, the meaning of the threat is clear and implies immediate action, and the alleged victim must have felt fear that you would make good on your threat.

A criminal defense attorney like Josef Mitkevicius can help you understand if your words qualify as a threat. He can guide you through your defense and help you find the best option.

Penalties for Making Criminal Threats in Florida

The consequences of a criminal threat conviction depend on the severity of the alleged offense and any aggravating factors. Charges can range from misdemeanors to felonies.

• Misdemeanor Threats: Punishable by up to one year in county jail and fines of up to $1,000.
• Felony Threats: Can lead to up to three years in prison, fines of up to $10,000, or more severe penalties if the threats involve weapons, repeat offenses, or targeting vulnerable individuals.

Aggravating factors, such as the use of a deadly weapon, threats against public officials, or acting with malicious intent, can escalate the penalties.

How Do I Defend Against Criminal Threat Charges in Florida?

Every criminal threat case is unique, but an effective defense strategy can make all the difference. At Mitkevicius Law, we thoroughly examine each case to build a defense tailored to the specific circumstances.

There Was a Lack of Intent

The prosecution must prove that the threat was intentional. If the alleged statement was a joke, hyperbolic, or made without serious intent, it may not meet the threshold for a criminal threat.

The Perceived Threat was Ambiguous

If the alleged threat was vague or conditional (e.g., “If you don’t leave me alone, you’ll regret it”), it may not qualify as a criminal threat under Florida law.

The Alleged Victim Did Not Have Credible Fear

For a conviction, the alleged victim must have experienced reasonable fear. If their fear was exaggerated or unwarranted given the circumstances, the charges may be dismissed.

You Were Using Protected Free Speech

Some statements, while offensive, may be protected under the First Amendment. We carefully analyze the context of the alleged threat to determine if it falls within constitutionally protected speech.

The Alleged Victim Made False Accusations

Unfortunately, false or exaggerated claims are common. Our team conducts a thorough investigation to uncover inconsistencies in the alleged victim’s story or motives for accusing you.

You Made Your Statement in Self-Defense

If a threat was made in response to an immediate danger or to prevent harm, it may be justifiable under Florida law. “Stand Your Ground” laws allow you to reasonably protect yourself. If it’s found you made a statement to protect yourself or others, we can argue that in court.

Criminal Threat Charges in Florida FAQs

What qualifies as a criminal threat in Florida?

A criminal threat involves a statement or action intended to instill fear of harm or damage in another person. The threat must be specific, credible, and cause reasonable fear.

Can verbal threats alone lead to criminal charges?

Yes, verbal threats can result in charges if they meet the legal criteria of being intentional, specific, and causing reasonable fear in the alleged victim.

Why Should I Work with a Criminal Defense Attorney?

You have the right to represent yourself in any criminal proceeding. However, a skilled, knowledgeable attorney can make the difference between a life suffering consequences for charges you could have dodged or securing your future. Criminal defense attorneys understand the nuances of Florida’s laws, and they can help you find the right option to defend against your threat charges.

What should I do if I’ve been falsely accused of making a criminal threat?

Start by contacting an experienced criminal defense attorney immediately. They can investigate the accusation, gather evidence to refute the claim, and work to protect your rights throughout the legal process.

Can I be charged with making a threat against public property or officials?

Yes. Threats against public officials, government buildings, or public spaces are taken very seriously under Florida law and often result in felony charges with enhanced penalties.

How does Florida law treat vague or conditional threats?

Florida law generally requires threats to be specific, unequivocal, and unconditional. If a threat is vague or dependent on future conditions (e.g., “If you don’t do this, you’ll regret it”), it may not meet the legal definition of a criminal threat.