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Criminal Threat Charges in Florida

Criminal threats are among the most aggressively prosecuted communication-based crimes in Florida. These cases often arise from text messages, social media posts, emails, written notes, or online communications that prosecutors allege contain threats to kill, injure, or cause serious bodily harm. Because alleged threats are viewed as public safety risks, particularly in school, workplace, or domestic contexts, law enforcement and prosecutors pursue these cases with exceptional urgency and severity.

Unlike many violent crimes, criminal threat cases do not require any physical act, weapon, or attempt to carry out violence. A single written or electronic statement can trigger a felony charge, even when the accused never intended to act on it. Statements made during emotional arguments, moments of frustration, or online exchanges are frequently taken out of context and elevated into serious criminal allegations.

If you or your child is being investigated or charged with making a criminal threat in Florida, your freedom, reputation, education, and career may be at immediate risk. These cases require a strategic and experienced criminal defense attorney who understands how threat cases are built, and how to dismantle them.

Criminal Threat Defense Lawyer in Hernando County, Florida

If you were accused of making a criminal threat in Hernando County or the surrounding counties of Citrus, Sumter, or Pasco County, Florida, contact The Law Office of Ashley Aulls, P.A. immediately. Criminal threat cases often move quickly and can involve schools, employers, law enforcement agencies, and prosecutors acting under intense pressure.

With over 20 years of experience, Ashley Aulls understands how Florida prosecutors investigate alleged threats, interpret digital communications, and attempt to prove intent. He carefully examines electronic evidence, witness credibility, investigative methods, and constitutional issues to protect his clients at every stage of the case.

Call (352) 593-4115 today for a confidential consultation.

Overview of Criminal Threats in Brooksville, Florida

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Definition of Criminal Threats Under Florida Law

Criminal threats in Florida are primarily governed by Florida Statute § 836.10, which makes it a felony offense to send, write, or electronically transmit a threat to kill or cause bodily injury to another person.

Under the statute, the prosecution must generally establish that:

  • The defendant made or transmitted a written or electronic communication
  • The communication contained a threat to kill or cause bodily harm
  • The defendant knowingly sent or delivered the threat

Importantly, Florida law does not require proof that the defendant intended to carry out the threat. The act of communicating the threat itself can be sufficient for prosecution.

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Common Situations Leading to Criminal Threat Allegations

Criminal threat charges frequently arise from situations such as:

  • Text messages or emails sent during heated arguments or emotional disputes
  • Social media posts referencing violence toward individuals, schools, or workplaces
  • Statements made by students that are reported by school officials or classmates
  • Workplace communications interpreted as threatening by coworkers or supervisors
  • Online gaming chats or forums where violent language is used
  • Written notes left at homes, vehicles, desks, lockers, or public locations

Many cases involve conduct the accused believed was exaggerated speech, sarcasm, or emotional venting rather than a genuine threat of violence.

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Penalties for Criminal Threats in Florida

Criminal threats are prosecuted harshly under Florida law:

  • Second-degree felony
  • Up to 15 years in Florida State Prison
  • Up to $10,000 in fines
  • Permanent felony criminal record

Additional consequences may include probation with strict conditions, mental health evaluations or treatment, no-contact orders, firearm restrictions, school discipline or expulsion for juveniles, employment termination, and long-term court supervision.

Juveniles may still face adult felony charges depending on the circumstances and prosecutorial discretion.

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Defenses to Criminal Threat Charges

  • Lack of intent to threaten: Criminal threats often arise from emotional or impulsive statements rather than deliberate threats of violence. If the communication reflects frustration, sarcasm, or venting rather than an actual intent to threaten, the charge may not meet statutory or constitutional requirements.
  • Absence of a true threat: Not all threatening language qualifies as a “true threat” under the law. Statements that are vague, hyperbolic, conditional, or rhetorical may be protected speech under the First Amendment and cannot support a felony conviction.
  • Contextual misunderstanding: Prosecutors frequently rely on isolated messages without considering surrounding conversations or circumstances. When the full context is examined, the meaning of the statement may change significantly and undermine the prosecution’s theory.
  • No proof of authorship or transmission: The state must prove the accused actually sent or authored the alleged threat. Shared devices, hacked accounts, or third-party access can create reasonable doubt about who was responsible for the communication.
  • Illegal search or seizure: Many threat cases depend on evidence obtained from phones, computers, or online accounts. If law enforcement accessed digital evidence without a valid warrant or proper consent, that evidence may be suppressed.
  • False or exaggerated accusations: Criminal threat allegations sometimes arise from workplace conflicts, school discipline issues, or personal disputes. In these situations, the credibility and motives of the accuser are often central to the defense.

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First Amendment Challenges to Criminal Threat Charges

Criminal threat prosecutions frequently raise serious First Amendment issues. While Florida law criminalizes certain threats made in writing or electronically, the United States Constitution protects a broad range of speech—even speech that is offensive, angry, or disturbing. Courts are required to distinguish between punishable “true threats” and constitutionally protected expression.

A true threat is a statement that a reasonable person would interpret as a serious expression of intent to commit unlawful violence. If a communication does not meet this standard, it cannot legally support a criminal conviction, regardless of how alarming or inappropriate it may appear.

Defense attorneys often challenge criminal threat charges by arguing that the alleged statement falls within protected speech rather than a true threat.

Categories of Speech Commonly Protected by the First Amendment

Statements that are often protected include:

  • Political or ideological speech: Strong political rhetoric, advocacy, or criticism of government actors is generally protected, even when it uses harsh or aggressive language. Courts recognize that political discourse often involves exaggerated or emotional expressions that are not intended as literal threats.
  • Hyperbole, exaggeration, or rhetorical statements: Statements made figuratively, sarcastically, or as exaggeration, such as saying “this is killing me” or “someone should do something about this”, are not true threats when they are not meant to be taken literally. Context is critical in determining whether the language expresses actual intent to harm.
  • Jokes, satire, or dark humor: Speech intended as humor, parody, or satire may be protected, even if poorly received or inappropriate. The law does not criminalize speech simply because others find it offensive or alarming.
  • Emotional venting or expressions of frustration: Statements made during moments of anger, stress, or emotional distress may reflect frustration rather than an intent to commit violence. Courts frequently examine whether the speaker was expressing feelings rather than issuing a serious threat.
  • Vague or nonspecific language: Statements that lack a clear target, timeframe, method, or identifiable victim are less likely to qualify as true threats. Ambiguous or generalized language often fails to meet the legal threshold required for criminal prosecution.

Importance of Context in Threat Cases

Courts evaluate alleged threats by examining the full context of the communication, not just isolated words or phrases. This includes the surrounding conversation, the relationship between the parties, the medium used, and whether similar statements were part of ongoing speech patterns.

A defense attorney may argue that law enforcement or prosecutors improperly removed the statement from its context, transforming protected speech into a criminal allegation. When constitutional protections apply, the charge may be dismissed or evidence excluded.

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Role of a Florida Criminal Threat Defense Attorney

  • Analyzing communications for legal sufficiency: An attorney reviews the exact language used to determine whether it legally qualifies as a criminal threat. This analysis often reveals constitutional protections or factual weaknesses in the prosecution’s case.
  • Evaluating electronic evidence: Digital communications must be authenticated and accurately attributed to the accused. Defense counsel examines metadata, device access, and transmission methods to identify flaws in the state’s evidence.
  • Challenging unlawful searches: Attorneys scrutinize how law enforcement obtained phones, computers, and online account data. If searches exceeded the scope of a warrant or lacked probable cause, motions to suppress may be filed.
  • Managing prosecutor negotiations: When evidence is weak or context favors the defense, an attorney can push for reduced charges, diversion, or dismissal. Early advocacy often prevents escalation of the case.
  • Representing juveniles in school-related cases: Threat allegations involving students carry unique consequences beyond criminal court. An attorney works to protect the juvenile from unnecessary adult prosecution and long-term educational damage.
  • Trial advocacy: If the case proceeds to trial, defense counsel challenges the prosecution’s narrative, cross-examines witnesses, and emphasizes reasonable doubt regarding intent and meaning.

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Key Elements the Jury Considers in Criminal Threat Cases

To secure a conviction, the prosecution must prove beyond a reasonable doubt that:

  • A written or electronic threat was made
  • The threat involved killing or bodily harm
  • The defendant knowingly communicated the threat
  • The communication qualifies as a true threat under the law
  • The evidence was lawfully obtained

Failure to prove any one of these elements requires acquittal.

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Frequently Asked Questions About Criminal Threats in Florida

Is intent to carry out the threat required?
 No. Prosecutors only need to prove that the threat was knowingly communicated.

Can juveniles be charged with criminal threats?
 Yes. Juveniles may face felony charges and, in some cases, adult prosecution.

Do private messages count as criminal threats?
 Yes. Text messages, emails, direct messages, and other private communications can be used as evidence.

What should I do if police contact me about a threat?
 Do not make statements or consent to searches. Contact a criminal defense attorney immediately.

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Additional Resources

Florida Statute § 836.10 – Written Threats to Kill or Do Bodily Injury – This resource explains the constitutional limits on criminal threat prosecutions and distinguishes between punishable “true threats” and protected speech. It provides helpful context for understanding how the First Amendment applies to threatening or controversial statements.

Florida Department of Law Enforcement – Criminal Investigations: The FDLE overview outlines how criminal investigations are conducted in Florida, including the use of digital evidence and coordination with local law enforcement. This resource helps explain how criminal threat cases are typically investigated before charges are filed.

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Finding a Criminal Threat Defense Attorney in Hernando County, Florida

Criminal threat allegations can escalate rapidly and carry life-altering consequences. These cases are often built on subjective interpretations of language, incomplete context, and aggressive law enforcement assumptions.

The Law Office of Ashley Aulls, P.A. represents individuals charged with criminal threats throughout Brooksville and Hernando County, Florida, as well as Inverness in Citrus County, New Port Richey and Dade City in Pasco County, and Bushnell in Sumter County.

If you are under investigation or facing criminal threat charges, immediate legal representation is critical. Call (352) 593-4115 today to discuss your case and begin building a strong defense.