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How the Law Treats Written Threats From Children

How the Law Treats Written Threats From Children

As a parent or guardian, you may have encountered instances where your child has made written threats, whether through social media posts, text messages, or even handwritten notes. These situations can deeply concern everyone, as written threats can carry significant legal implications, even when made by a minor. 

Understanding the legal landscape surrounding this issue can ensure your child’s well-being and effectively address the situation.

At Rossen Law Firm, our experienced Boca Raton criminal defense attorneys have a deep understanding of the legal complexities surrounding written threats by minors. 

In this article, we will guide you through the legal definition of written threats, the potential consequences for minors, common scenarios, case studies, and the importance of securing skilled legal representation. 

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Boca Raton Criminal Defense Guide:

Understanding the Legal Definition of Written Threats

The legal definition of a written threat can vary across jurisdictions. Still, generally, it refers to any written communication that conveys a credible and serious intent to harm another person, property, or institution. 

This includes threats made through various mediums, such as social media, text messages, emails, or handwritten notes.

Written threats are not limited to explicit statements of harm. The law considers even vague or ambiguous language that suggests a potential for violence as a threat. The key factor is the perceived seriousness and credibility of the threat, as determined by the recipient and law enforcement authorities.

The Consequences of Written Threats by Minors

When a minor (someone under the age of 18) makes written threats, a minor may face a range of severe consequences, including:

  1. Juvenile Delinquency Charges: Written threats by minors can result in juvenile delinquency charges, which may include charges such as making terrorist threats, stalking, or harassment.
  2. Suspension or Expulsion from School: Schools take written threats very seriously and may suspend or expel a student who has made such threats, regardless of the student’s age.
  3. Probation or Detention: In more serious cases, a minor who makes written threats may face probation, detention in a juvenile facility, or even transfer to the adult criminal justice system, depending on the severity of the threat and the minor’s prior record.
  4. Psychological Evaluation and Counseling: The court may order a psychological evaluation and mandatory counseling or treatment as part of the legal proceedings.
  5. Criminal Record: A written threat charge can have long-term consequences, affecting the minor’s future educational and employment opportunities.

Common Scenarios Involving Written Threats by Minors

Common Scenarios Involving Written Threats by Minors

Written threats by minors can arise in:

  1. School-related incidents: Threats made against classmates, teachers, or school property, often through social media or text messages.
  2. Domestic disputes: Threats made by a minor against a family member or caregiver, either in writing or through electronic communication.
  3. Bullying and harassment: Threats made by a minor as part of a pattern of bullying or harassment, targeting another student or peer.
  4. Impulsive or emotional outbursts: Threats ma de by a minor in a moment of anger or emotional distress without a clear intent to carry them out.
  5. Copycat behavior: Threats made by a minor inspired by or imitating high-profile incidents of written threats or school violence.

Regardless of the specific scenario, take any written threat by a minor seriously and seek immediate legal guidance to navigate the complex legal landscape.

Case Studies of Legal Cases Involving Written Threats by Minors

To illustrate the legal implications of written threats by minors, let’s examine a few recent case studies:

  1. Case Study #1: On September 4th, 2024, a young boy, aged 11, made a fabricated bomb threat at Somerset Academy Key Middle/High School in Deerfield Beach. Another 11-year-old boy used Instagram to publish a threat against Central Charter School in Lauderdale Lakes. The boy who was apprehended on September 4 is now charged with falsely reporting a bomb, explosive, or weapon of mass destruction.
  2. Case Study #2: A teenager, aged 14, utilized Snapchat to publish a message stating, “Im shooting this school up” on Friday, specifically mentioning Blanche Ely High School. As a result, he was immediately apprehended and faced legal charges.
  3. Case Study #3: A 15-year-old student admitted to using WhatsApp to issue a threat of shooting a classmate at Cooper City High School on Sunday. Subsequently, they were apprehended and faced charges for their behavior.

These case studies highlight the seriousness with which the legal system approaches written threats by minors, regardless of the specific circumstances. You need an experienced criminal defense attorney to navigate these complex legal situations.

Legal Actions and Consequences for Minors Who Make Written Threats

When a minor makes written threats, the legal system may push for:

  1. Juvenile Delinquency Charges: Minors who make written threats may face charges such as making terrorist threats, stalking, or harassment within the juvenile justice system.
  2. Transfer to Adult Criminal Court: In some cases, particularly for more severe or repeated offenses, a minor may be transferred to the adult criminal justice system, facing more severe penalties.
  3. Probation and Diversion Programs: The court may opt for probation or diversion programs, which may involve counseling, community service, or other rehabilitative measures.
  4. Detention and Incarceration: In more serious cases, a minor may be sentenced to a juvenile detention facility or, in extreme circumstances, the adult criminal justice system, with the potential for incarceration.
  5. Psychological Evaluation and Treatment: The court may order a comprehensive psychological evaluation and require the minor to undergo counseling or other mental health treatment as part of the legal proceedings.
  6. Restitution and Financial Penalties: Minors who make written threats may also be required to pay restitution to victims or face financial penalties as part of the legal consequences.

Specific legal actions and consequences can vary widely depending on the jurisdiction, the severity of the threat, the minor’s prior record, and other mitigating or aggravating factors.
By taking a proactive and responsible approach, you can play a vital role in addressing written threats by minors and minimizing the potential legal and personal consequences.

A letter from local school districts

These are the emails we’ve been getting from the school if you want to incorporate some of it, of course this is Boca Raton, Palm Beach.
Dear [Name of District Omitted)],
The safety of our students and staff is our top priority across the School District of Palm Beach County. Our parents, guardians, and family are an important and active part of promoting a positive, safe learning environment in our schools. Recently, there has been an increase in unfounded social media threats to schools in our district. Each of these reports are taken seriously by School Police and thoroughly investigated. 
Families, we need your help. Please talk with your children about their social media activities, the importance of being responsible online, and never joking around about school safety. 
Students who make threats to a school community, even those made as a joke or that are unfounded, can be immediately arrested and expelled from school. Making a threat against a school is a second degree felony in Florida, even if it is intended as a joke. In addition to criminal charges, posting threatening language on social media violates the Student Code of Conduct and could lead to expulsion.
Students who make threats to the school community may suffer long-lasting damage to their future. What may seem like a small mistake at the moment may have life-altering consequences. 
Don’t repost or share social media posts about threats to school safety. Sharing and reposting unverified information leads to rumors and misinformation. Instead, immediately report any safety concern using FortifyFL. This is monitored 24/7 by School Police for reports of suspicious or concerning activity that may require law enforcement intervention.
Regards,
Joshua Davidow, Ed.D.

The Role of Parents and Guardians in Addressing Written Threats by Minors

As a parent or guardian, your role in addressing written threats includes:

  1. Immediate Intervention: If you know about a written threat made by your child, intervene immediately, address the situation, and seek professional help if necessary.
  2. Educating and Communicating: Engage in open and honest conversations with your child about the gravity of making written threats, the legal implications, and the importance of responsible online and interpersonal behavior.
  3. Monitoring and Supervision: Closely monitor your child’s online activities, social media usage, and communication with peers to identify any potential warning signs or concerning behavior.
  4. Seeking Professional Assistance: If you suspect your child is struggling with mental health issues, seek the guidance of mental health professionals, such as therapists or counselors, to provide the necessary support and intervention.
  5. Collaborate With Authorities: If your child makes a written threat, cooperate fully with law enforcement and school officials to ensure a thorough investigation and appropriate legal actions.
  6. Securing Legal Representation: Consult an experienced criminal defense attorney who is well-versed in cases involving minors and written threats to protect your child’s rights and explore the best legal strategies.

The Importance of Selecting a Skilled Criminal Defense Attorney

When a minor makes written threats, secure the services of a skilled criminal defense attorney. An experienced attorney can provide invaluable guidance and legal representation, protecting your child’s rights throughout the legal process.

Some key reasons to hire a criminal defense attorney include:

  1. Understanding the Legal Landscape: A seasoned attorney will have a comprehensive understanding of the applicable laws, procedures, and potential consequences related to written threats by minors, allowing them to develop an effective legal strategy.
  2. Navigating the Juvenile Justice System: Criminal defense attorneys who deal with cases involving minors are well-versed in the intricacies of the juvenile justice system, which often differs significantly from the adult criminal justice system.
  3. Negotiating Favorable Outcomes: An experienced attorney can negotiate with prosecutors and the court to potentially secure more favorable outcomes, such as alternative sentencing options or diversionary programs, which may reduce the charges or penalties.
  4. Protecting Your Child’s Rights: A skilled criminal defense attorney will uphold your child’s constitutional rights throughout the legal proceedings, protecting them from potential mistreatment or unfair practices.
  5. Minimizing Long-Term Consequences: By working with a knowledgeable attorney, you can explore options to minimize the long-term impact of a written threat charge on your child’s future, such as expungement or sealing of records.

At Rossen Law Firm, our criminal defense attorneys have extensive experience in handling cases involving written threats by minors. We understand the complexities of these situations and are dedicated to providing our clients with the highest level of legal representation.

How Rossen Law Firm Can Help in Cases Involving Written Threats by Minors

How Rossen Law Firm Can Help in Cases Involving Written Threats by Minors

At Rossen Law Firm, we are committed to protecting the rights of minors who have been charged with making written threats. Our team of experienced criminal defense attorneys has a deep understanding of the legal implications and the best strategies for navigating these complex cases.

When you choose Rossen Law Firm, you can expect:

  1. Comprehensive Legal Guidance: Our attorneys will thoroughly review the details of your case, provide you with a clear understanding of the legal landscape, and develop a customized defense strategy to achieve the best possible outcome.
  2. Aggressive Representation: We will work tirelessly to protect your child’s rights and interests, aggressively challenging the prosecution’s case and exploring all available legal options.
  3. Personalized Attention: At Rossen Law Firm, we understand that each case is unique, and we treat our clients with the personalized attention and care they deserve.
  4. Collaborative Approach: We will work closely with you, your child, and any other relevant parties, such as mental health professionals, to ensure a collaborative and comprehensive approach to your case.
  5. Commitment to Positive Outcomes: Our goal is to minimize the long-term consequences of a written threat charge and help your child move forward positively and constructively.

If your child faces charges of making written threats, don’t hesitate to contact Rossen Law Firm. Our experienced criminal defense attorneys are here to protect your child’s rights and guide you through the legal process. Schedule a consultation today to learn more about how we can help.

Our Criminal Defense Strategy Against an Aggressive Prosecution Team

When facing an aggressive prosecution team in a case involving written threats by a minor, Rossen Law Firm employs a comprehensive defense strategy that includes the following key elements:

  1. Thorough Investigation: Our team will conduct a thorough investigation, gathering all relevant evidence and information to build a strong defense case.
  2. Challenging the Prosecution’s Evidence: We will carefully examine the prosecution’s evidence and challenge any weaknesses or inconsistencies, working to undermine the credibility of the written threat charge.
  3. Exploring Alternative Explanations: Our attorneys will explore alternative explanations for the written threat, such as misunderstanding, impulsive behavior, or mental health issues, and present these as mitigating factors.
  4. Negotiating with Prosecutors: We will engage in strategic negotiations with prosecutors, aiming to secure more favorable outcomes, such as reduced charges, alternative sentencing options, or diversionary programs.
  5. Advocating for Rehabilitation and Restoration: In cases where the written threat stems from underlying issues, we will advocate for rehabilitation-focused solutions, such as counseling, mental health treatment, or community service, to address the root causes and promote positive change.
  6. Protecting Your Child’s Rights: Throughout the legal process, we will uphold your child’s constitutional rights and ensure that the justice system treats them fairly and respectfully.

By employing this comprehensive defense strategy, Rossen Law Firm is committed to achieving the best possible outcome for your child, minimizing the long-term consequences of a written threat charge, and helping them move forward positively and constructively.

Schedule an Appointment Today

If your child faces charges for written threats, don’t hesitate to contact Rossen Law Firm. Our experienced criminal defense attorneys are here to protect your child’s rights and guide you through the legal process. Call for a consultation today to learn more about how we can help.

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