I have extensive experience in defending all written threats cases in Orange County, Seminole County and throughout the entire Central Florida area. I examine each written threats case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced written threats attorney is essential. Once hired, I will:

1. Collect and review all written statements, photographs and 911 calls;
2. Find flaws in the police officer’s investigation;
3. Identify all possible defenses;
4. Immediately start negotiating with the prosecutor not to file formal charges, and
5. Do whatever is necessary to avoid an conviction.

EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE

Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:

• Were you lawfully stopped, detained and arrested?
• Was any of the evidence collected against you illegally obtained?
• Are the allegations made against you false? Were there any witnesses to this incident?
• Were you read your Miranda rights? Were your statements obtained illegally obtained?
• Are there other factors or motivations that show your lack of intent to commit a crime?
• Is there a lack of evidence or a conflict in the evidence?

WHAT IS written threats

Written threats under Florida statue 836.10, occurs when a defendant composes a letter, electronic communication or inscribed communication and sends a written threat to kill or harm another person or a written threat to carry out a mass shooting or act of terrorism.

HOW IS written threats IN FLORIDA?

To prove the crime of written threats, the State must prove the following four elements beyond a reasonable doubt:

1. Defendant wrote or composed a letter, electronic communication or inscribed communication.
2. The letter, electronic communication or inscribed communication contained a threat to kill or do bodily injury to victim or any member of victim’s family.
3. Defendant sent procured the sending of that letter, electronic communication or inscribed communication to victim.
4. Full Florida standard jury instructions of written threats

PENALTIES FOR WRITTEN THREATS

Written threats is as a second-degree felony that is punishable by up to 15 years in prison and $10,000 fine. Other Sanctions include:

• County jail
• Community control, house arrest or supervised probation
• Permanent criminal conviction
• Community Service
• Anger management class

DEFENSES FOR written threats

There are many defenses available to contest a charge of filing a false report of a crime. Some of the more common defenses include the following:

• Unable to accurately prove the accused was the actual sender of the written threats
• Communications were sent accidentally
• Defendant was falsely accused
• Threats did not include bodily harm or killing
• Threats were protected speech under the First Amendment

Written Threats case law

Saidi v. State, 845 So. 2d 1022, 1027 (Fla. 5th DCA 2003). A conviction for written threats does not require an intent on part of the defendant to actually harm the victim/recipient.

O’Leary v. State, 109 So. 3d 874 (Fla. 1st DCA 2013).When a person composes a threatening written statement of thought, and then displays or posts the composition in such a way that someone else can see it, the statement is deemed “sent” as soon as the threatened individual (or his or her family) receives the thoughts made available by the composer.

I DEFEND written threats CASES

If you were recently arrested or charged with any Florida written threats case, please call my Winter Park criminal defense law firm at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.