Written Threats to Kill 

At The Ishak Law Firm, led by Monica Ishak, we understand that being accused of a criminal offense is a life-altering experience. When it comes to charges under  Florida Statute § 836.10, specifically for written threats to kill, the stakes are extremely high. These charges can affect your personal freedom, professional reputation, and future opportunities. Understanding the law, the potential consequences, and your options for defense is essential. Our firm is committed to providing clients with detailed guidance and vigorous legal representation in these serious matters.

Understanding  Florida Statute §  836.10

Florida Statute §  836.10 addresses the crime of making written threats to commit murder or cause death. This law specifically targets threats that are conveyed in a tangible form, such as letters, emails, text messages, social media posts, or any other written medium. Unlike verbal threats, written threats leave a permanent record, which prosecutors often rely upon as clear evidence in court.

The law is designed to protect individuals from credible threats of extreme violence. Threats of this nature are not considered mere expressions of frustration or anger. The legal system recognizes that a written threat to kill can cause significant emotional distress and fear of harm. Because of this, the state treats written threats to kill as a serious criminal offense, carrying potential felony or misdemeanor penalties depending on the circumstances.

Florida Law on Written or Electronic Threats (§ 836.10, Fla. Stat.)

Under Florida Statute § 836.10, it is a felony offense to send or post a written or electronic communication that threatens to kill or cause serious bodily injury to another person, or that threatens to conduct a mass shooting or act of terrorism. This includes messages sent through text, email, letters, social media, or any other digital or written medium.

The statute requires proof that the defendant knowingly and willfully made the threat and intended the recipient to take it seriously. The communication must contain an apparent ability to carry out the threat or cause reasonable fear for personal safety.

All violations of § 836.10 are second-degree felonies, punishable by up to 15 years in prison, 15 years of probation, and a $10,000 fine under § 775.082 and § 775.083. Even if the threat was never acted upon, the existence of a written or electronic record gives prosecutors strong evidence to use in court.

Because intent and context are critical in these cases, many defenses focus on showing that the communication was not a true threat under the First Amendment, that it lacked intent to intimidate, or that it was taken out of context. Understanding how Florida courts interpret these distinctions is essential to building a strong defense.

At The Ishak Law Firm, we carefully review every element of the alleged threat—its wording, medium, and context—to challenge whether it meets Florida’s definition of a criminal offense. We work to ensure that clients accused of online or written threats receive an aggressive, rights-based defense that considers both the legal and constitutional dimensions of their case.

Elements of the Offense

To convict someone under Florida Statute § 836.10, the prosecution must prove several key elements beyond a reasonable doubt. First, the defendant must have knowingly and willfully made a written statement that threatens to kill or seriously harm another person. The threat does not need to be carried out, but it must be credible enough that a reasonable person would believe the threat could be executed.

Second, the written communication must be directed toward a specific person or group. General statements or hypotheticals that do not target a particular individual may not fall under this statute. Third, the prosecution must establish intent. The person making the threat must intend for the recipient to experience fear or to coerce them into action. Accidental or ambiguous statements that are not meant to intimidate typically do not meet the threshold for criminal liability.

The clarity of the threat, the context in which it was made, and any surrounding circumstances all play a role in how the law is applied. Courts will consider factors such as the presence of previous conflicts, the tone of the writing, and whether the threat was conditional or direct.

Sentencing and Penalties

Penalties for written threats to kill can be severe. These offenses may be charged as misdemeanors or felonies depending on the threat’s seriousness, the defendant’s criminal history, and the presence of aggravating factors. A misdemeanor conviction can result in up to one year in county jail, fines, probation, and a permanent criminal record that affects employment, housing, and professional licensing.

Felony charges, on the other hand, can carry more substantial consequences. Felony convictions under Section 836.10 may result in multiple years in state prison, significant fines, and long-term restrictions on civil rights, including the right to own firearms. Felony charges often involve a mandatory court appearance and the potential for enhanced penalties if certain aggravating circumstances are present.

Additional Punishments Under New Jersey Law

The law allows for sentencing enhancements in cases involving written threats to kill. These enhancements can significantly increase the severity of the sentence if certain conditions are met. For instance, if the threat is directed at a public official, law enforcement officer, or any individual performing their official duties, the court may impose an additional sentence. The rationale is that threatening public servants or those in positions of authority poses a heightened risk to public safety and societal order.

Enhancements may also apply if the threat involves the use of a deadly weapon, even if the weapon is only referenced in writing. Similarly, threats made as part of a broader criminal enterprise, such as harassment, stalking, or domestic violence, can trigger additional penalties. Prior criminal convictions, particularly for violent crimes or threats, are another common factor that can lead to sentencing enhancements. The court considers these enhancements carefully, and their presence can transform a potential misdemeanor case into a felony conviction with a much longer sentence.

Investigations and Evidence

The prosecution in a written threats to kill case relies heavily on the collection and presentation of evidence. Law enforcement and prosecutors will examine the content of the written statement, the medium through which it was delivered, and any contextual factors that demonstrate intent. Electronic communications, such as text messages, emails, and social media posts, are often preserved as key pieces of evidence. Forensic analysis can sometimes trace the origin of messages, verify authenticity, and establish timelines that support the prosecution’s case.

Investigators also consider the reactions of the recipient and any witnesses to the threat. Evidence that shows the victim reasonably feared for their life or that the threat caused emotional distress can strengthen the case against the defendant. At the same time, defense attorneys may challenge the credibility of the evidence, question whether the communication truly constitutes a threat, or argue that the statements were taken out of context.

Because written threats leave a permanent record, defending against these charges often involves meticulous examination of digital forensics, communication logs, and witness statements. At The Ishak Law Firm, we prioritize thorough case analysis to identify inconsistencies, technical errors, or other factors that could weaken the prosecution’s case.

Defending Against Written Threat Charges

Defending against a Section 836.10 charge requires a strategic approach tailored to the specifics of each case. One of the most common defenses is challenging the intent behind the communication. If the written statements were not meant to cause fear or were ambiguous in nature, the defense can argue that the legal threshold for a threat was not met.

Another defense focuses on the credibility and context of the alleged threat. In some cases, communications may be exaggerated, misinterpreted, or taken out of context. Defense attorneys may present evidence showing that the statements were part of a joke, hyperbolic expression, or a misunderstood interaction. Demonstrating a lack of intent to follow through on the threat is critical in establishing a strong defense.

Consent or provocation may also play a role in some cases, particularly if the communication occurred in response to harassment, coercion, or an ongoing dispute. In such situations, attorneys can argue that the statements were reactive rather than premeditated. Digital forensic analysis can also be used to establish timelines, trace message origins, and uncover evidence of tampering or falsification.

Because the stakes are high, it is essential to engage legal representation as early as possible. An experienced attorney can guide the accused through interactions with law enforcement, the prosecution, and the court, ensuring that their rights are protected at every stage of the process.

Real-Life Implications

A charge for written threats to kill extends beyond the courtroom. The social, professional, and personal consequences of a conviction can be severe. Individuals may face job loss, difficulties in obtaining housing, and strained relationships with family and friends. In some professions, a criminal record can lead to the revocation of licenses or certifications, making it difficult to continue working in a chosen field.

In addition, the psychological impact of such charges can be profound. Being accused of threatening someone’s life often leads to intense stress, anxiety, and uncertainty. The public nature of criminal proceedings can exacerbate these challenges, making it difficult for the accused to maintain normal routines or social connections.

The Ishak Law Firm recognizes the multidimensional nature of these cases. Our attorneys provide not only legal representation but also guidance and support to help clients navigate the emotional and social challenges associated with serious criminal charges.

The Role of Monica Ishak

Monica Ishak, the principal attorney at The Ishak Law Firm, has extensive experience handling complex criminal cases, including written threats to kill. Her approach combines meticulous legal analysis with a commitment to understanding each client’s unique circumstances. She emphasizes careful investigation, thorough case preparation, and strategic defense planning to achieve the best possible outcomes.

Ms. Ishak’s approach is personalized. She recognizes that no two cases are alike, and she takes the time to evaluate the evidence, identify potential weaknesses in the prosecution’s case, and develop strategies that protect the client’s rights. Her experience in criminal defense, coupled with her deep understanding of the law, positions her to navigate even the most challenging legal situations effectively.

Key Considerations for Defendants

Anyone facing charges under Section 836.10 should understand that these cases are often complex, emotionally charged, and highly consequential. Several factors can influence the outcome of a case, including the clarity of the alleged threat, the credibility of the evidence, and the presence of any prior criminal record.

Defendants should be aware that even unintentional or misunderstood communications can result in serious legal consequences. Legal representation is critical to ensuring that statements are properly interpreted, context is preserved, and defenses are fully presented. Early engagement with an attorney can also prevent missteps during interactions with law enforcement or the court, which could otherwise undermine a defense.

Alternative Resolutions

In some cases, there may be opportunities for alternative resolutions outside of a trial. Negotiation with the prosecution can sometimes lead to reduced charges, plea agreements, or diversion programs. These alternatives can help minimize the impact of a conviction and provide a path toward resolution without the uncertainty and stress of a full trial.

However, pursuing any alternative resolution requires careful consideration and expert legal guidance. The prosecution may be less inclined to negotiate if the threat was deemed particularly severe or if the case involves aggravating factors. An experienced attorney can evaluate the strength of the prosecution’s case, assess potential outcomes, and advise on the best course of action.

Facing Charges for Written Threats to Kill? Get Experienced Legal Support Today

Being accused of making written threats to kill is an extremely serious offense that can lead to significant criminal penalties, including jail time and a lasting criminal record. These charges often involve complex evidence, such as text messages, emails, or social media posts, and must be handled with precision and care.

At The Ishak Law Firm, we understand the gravity of these accusations and the stress they bring. Led by Attorney Monica Ishak, our team takes a proactive and strategic approach to every case, carefully analyzing the prosecution’s evidence, identifying weaknesses, and ensuring that your rights are fully protected throughout the legal process.

Whether the alleged threat was misunderstood, taken out of context, or made without intent to cause harm, we work tirelessly to build the strongest possible defense. Our goal is to secure the best outcome for you, whether through negotiation, case dismissal, or trial defense.

If you or a loved one is facing charges under Florida Statute §  Section 836.10, don’t wait. Contact The Ishak Law Firm today to schedule a confidential consultation and begin protecting your reputation, your rights, and your future.