A criminal threats charge in Lakeland, Florida, can arise from an angry text message, a heated social media post, or words typed in a moment of frustration. Under Florida law, written or electronic threats involving death, bodily harm, mass shootings, or terrorism can lead to serious felony charges and lasting damage to a defendant’s reputation and career.
But not every angry or offensive statement is a crime. The wording, context, and circumstances surrounding a communication can make a significant difference in these cases. If you’ve been arrested or believe you are under investigation in Lakeland, an experienced attorney on our team can help.
Contact Grajek Criminal Defense Attorneys at (863) 343-1954 to schedule a confidential consultation with a Lakeland criminal threats lawyer.
Why Choose Grajek Criminal Defense Attorneys if You’re Arrested for Criminal Threats in Lakeland, FL?
People arrested for criminal threats in Lakeland, FL, choose to work with Grajek Criminal Defense Attorneys because of our experience handling criminal cases.
When you hire our firm, you benefit from the following:
- 30 years of criminal defense experience
- Over 100 positive Google reviews from previous clients
- Collaboration with field experts to strengthen your defense when appropriate
These cases can depend heavily on the communication itself, who sent it, and the circumstances in which it was made. A Lakeland criminal defense lawyer from Grajek Criminal Defense Attorneys can review the evidence and explain what options may be available. Contact us today to discuss your case.
Overview of Criminal Threats in Florida
Florida Statute § 836.10 makes it a crime to send, post, or transmit a written or electronic record containing certain threats. The statute applies when a person sends, posts, or transmits a writing or other record in a way that allows another person to view it, and the communication contains a threat.
The statute covers threats such as:
- Killing another person
- Causing bodily harm to another person
- Conducting a mass shooting
- Committing an act of terrorism
Florida law defines an electronic record broadly to include digital text, graphics, video, audio, and other material, although the statute specifically excludes telephone calls from that definition.
The First Amendment also limits when threatening language can result in criminal liability. Not every offensive, exaggerated, or disturbing statement qualifies as an unlawful threat. The words used and the circumstances surrounding the communication can be important when determining whether the statement falls outside protected speech.
What Counts as a Criminal Threat?
Context matters when deciding whether words amount to a criminal threat.
Courts may consider factors such as:
- The exact words used
- Who received or viewed the communication
- The relationship between the people involved
- Prior communications between the parties
- Whether the language identifies a specific person, place, or act of violence
- Whether the surrounding circumstances made the statement appear serious rather than rhetorical or joking
A statement does not become criminal simply because it is offensive, angry, or disturbing. The communication must satisfy the requirements of Florida law, and constitutional protections for speech may also come into play. Our Lakeland criminal threats attorney can evaluate your case to determine if the communication crosses the threshold into prohibited conduct.
What Are the Penalties for Criminal Threats in Lakeland, Florida?
A violation of Florida Statute § 836.10 is a second-degree felony.
A conviction can carry:
- Up to 15 years in Florida state prison
- Up to 15 years of probation
- A fine of up to $10,000
The consequences can begin before a case reaches trial. Florida law classifies certain written threats to kill under § 836.10 as a “dangerous crime” for pretrial-release purposes. If you’re arrested for a dangerous crime and the court finds probable cause, you cannot receive non-monetary pretrial release at first appearance. Release requires posting a monetary bond at or above the statewide uniform schedule. The judge has limited discretion and can only increase bail amounts, not reduce or eliminate them.
A felony conviction can also have consequences beyond the sentence imposed by the court, including effects on employment, professional licensing, immigration, and other areas of a person’s life.
What Defenses Can Be Raised If I’m Arrested for Criminal Threats?
Not every angry message is a crime, and the state still has the burden of proving the charge.
Depending on the facts of your case, several defenses may apply, such as:
- The statement was not a true threat: The prosecution cannot rely merely on the fact that a message was offensive or alarming. Sarcasm, exaggeration, venting, jokes, and other statements may be protected depending on their wording, the exact language used, the relationship between the parties, and the surrounding context.
- You didn’t write or send the message: Digital communications do not always come from the person whose name is attached to them. Shared devices, hacked accounts, and impersonation can complicate questions about authorship, making phone records, device data, and witness statements critical.
- Unlawful search and seizure of digital evidence: Police must follow constitutional rules when searching your phone, computer, or online accounts. A defense attorney can challenge an unlawful search or seizure and seek suppression of evidence obtained in violation of your rights.
The best defense strategy depends on the communication, the evidence, and the circumstances surrounding the allegation. A Lakeland criminal defense lawyer can review the state’s case and determine whether the evidence supports each part of the charge.
Schedule a Confidential Case Evaluation With Our Lakeland Criminal Threats Lawyer Today
A criminal threats charge can carry serious consequences, but the outcome of a case often depends on details that are easy to overlook. The wording of the communication, its context, who sent it, and how police obtained the evidence can all matter.
If you have been arrested or are under investigation for an alleged written or electronic threat in Lakeland, Grajek Criminal Defense Attorneys can review the allegations and discuss your options.
Contact us today to schedule an initial consultation with a Lakeland criminal threats attorney to begin building a strong defense.