Written Threat to Kill or Do Bodily Harm

Creating written threats to another person are treated somewhat differently than most violent criminal offenses. While most criminal offenses require a defendant to have some intent to do harm or to carry out an action, this is not the case for making a death threat. Related charges including stalking, cyberstalking and aggravated stalking.

Many of these written threats occur over the internet and on social media sites. In those cases, it is often difficult for the prosecutor to prove who posted the information without a confession. For this reasons, law enforcement officers will often travel to the suspects home or business seeking a confession. Hiring a criminal defense attorney for the early stages of the investigation can often help you avoid making incriminating statements.

Due to the lack of an intent requirement, defending yourself against charges related to written death threats are increasingly difficult. To limit your chances of a criminal conviction and possible jail time, it is necessary to seek the help of a qualified criminal defense attorney who can work with you to develop a strong defense.

Attorney for Written Threat to Kill in Gainesville, Florida

If you live in Alachua County and were charged with making written threat to kill or do bodily hard to another person either online or in writing, contact Galigani Law Firm in Gainesville, FL, in Alachua County. The attorneys at (352) 375-0812 are available to help you fight the charges.

At Galigani Law Firm our attorneys have the necessary courtroom and trial experience to help you achieve the best outcome possible. Call today to schedule your free consultation where you can discuss your next steps, and work towards a positive outcome.

Our firm also accepts clients located in the counties adjacent to Alachua County including Bradford County, Union County, Putnam County, Marion County, Levy County, Gilchrist County and Columbia County.

Written Threat to Kill or do Bodily Harm Defined under §836.10

Florida Statute §836.10 finds that a person has written a threat to kill or do bodily harm when he or she does the following:

  1. The defendant composes or writes and sends or procures the sending of any letter, electronic communication, or  inscribed communication to another person regardless of whether the letter or communication is anonymous or signed; and
  2. The written communication poses a threat to kill or do bodily injury to the recipient, or a threat to cause bodily injury or to kill any member of the family of the recipient.

For an individual convicted of this offense, he or she is guilty of a second-degree felony punishable by a maximum of fifteen (15) years imprisonment and a maximum of $10,000 in fines.

Proving a Written Threat to Kill or do Bodily Harm

According to Florida’s jury instructions on written threats to kill or do harm, the following must be proven beyond a reasonable doubt in order for a prosecutor to prove that a defendant wrote a threatening communication to another individual:

  1. The defendant wrote or created a letter, electronic letter, or some other written communication;
  2. The communication was sent or procured sending of the communication to the same recipient; and
  3. The communication posed a threat to kill or harm the recipient or a member of the recipient’s family.

Proving that a defendant signed the written threat is unnecessary to achieving a conviction.

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Additional Resources

Written Threats to Kill or Cause Injury Defined – Visit the Online Sunshine website of the Florida State legislature for more information on what qualifies as a written communication under this statute. This website lists full definitions and statutes with regards to Florida’s criminal offenses. Also, find more information on related offenses including aggravated stalking with a credible threat.

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Find an Attorney for Written Threat to Kill or do Bodily Harm Charges in Alachua County, Florida

If you were recently charged with a violent offense such as making written threats or online threats, cyberstalking, or stalking another person, call Galigani Law Firm at (352) 375-0812 today to increase your chances of avoiding a conviction.

At Galigani Law Firm, our criminal defense attorneys have years of experience defending clients like you against serious charges such as making a written death threat and related charges for stalking, cyberstalking and aggravated stalking. Our attorneys will work tirelessly on your behalf, and aim towards the best outcome for your circumstances.

The attorneys at Galigani Law Firm in Gainesville, FL, represent clients throughout Alachua County and all of the adjacent counties including Union County,  Bradford County, Marion County, Putnam County, Levy County, Gilchrist County and Columbia County.