By Ty Cooper
Last week, two Labelle area teens have been accused of making online threats, via Instagram, of death of bodily injury
prohibits written or electronic threats to kill, do bodily injury, or commit a mass shooting. Such threats are taken extremely seriously in the State of Florida as evidenced by the fact this charge carries with it a maximum penalty of fifteen (15) years in prison and a ten thousand ($10,000) dollar fine. Competent and zealous legal representation is a must when facing criminal charges this severe.
With the proliferation of social media, online threats have unfortunately become more prevalent. However, a multitude of defenses are available to challenge the charges against these teens. As with any digital threats made online, establishing how and by what means the alleged threats were tracked and connected to the Defendants should be a priority. The fact that the statements were reported through an anonymous tip app provides further area for investigation and possible Fourth Amendment issues. Moreover, as with almost all crimes, the State will have to prove the
, or intent of the Defendants and their state of mind. It is possible that the alleged threats were not purposeful, or they may be ambiguous: the State will have to prove the “true threat” nature of the online statements. The defense attorney on these cases could also challenge the reasonableness of the fear or alarm in the recipient of the threat. Threats under Florida Statute 836.10 are analyzed under the following framework: are the threats sufficient to cause a reasonably prudent person to be alarmed? If the statements are veiled, ambiguous, contingent on some other event or occurrence, or not reasonably interpreted as a threat to kill or do bodily injury, then the State will be unable to meet their high burden of proof beyond a reasonable doubt on all elements of the crime. If you or your loved one are being accused of committing a crime, you should consult with one of our Criminal Defense Attorneys, don’t hesitate to call us at
352-WIN-4YOU We are available 24/7 and we offer payment plans.
