When Are Threats Legal in Fort Myers?

It is all too easy to mistakenly threaten someone in Fort Myers. Perhaps you became frustrated during a road rage incident, and you said something you now regret. Maybe you made an offhand comment to a romantic partner, and they took it the wrong way. Whatever the case may be, you should know that not all threats are illegal in Florida. If you face allegations of making threats in Fort Myers, consider discussing potential strategies with a lawyer.

A Clear Example of an Illegal Threat in Fort Myers 

In August of 2025, Gulf Coast News Now reported that a man had been arrested by Fort Myers police officers after allegedly threatening a family outside a seafood restaurant. Police say that this man approached a family with a piece of scrap metal and threatened to kill them. He also reportedly threatened to dispose of their bodies in a trash container. The family retreated back to their vehicle, even though they initially intended to enter the restaurant.

When police arrived at the scene, the man tried to flee. He was subsequently taken into custody after police shot him with a taser and handcuffed him. He now faces charges of battery, obstruction of justice, and aggravated assault. This incident also represents a violation of his probation. A threat such as this is clear and obvious, and a defense strategy could be more challenging.

It is worth noting that in Florida, courts label threats as “assault.” In other states, assault involves actual physical contact between parties. In the Sunshine State, however, you can face assault charges by simply threatening to harm someone.

 Examples of Legal Threats

 You may be able to avoid criminal consequences for certain types of threats in Florida. For example, a threat with no real intent behind it is probably legal. You might jokingly threaten to kick someone in a game of basketball, but a reasonable person knows that this is just a figure of speech.

You could also avoid penalties if you had no ability to carry out your threat. For example, you might threaten to crush someone’s house with a single kick. A reasonable person knows that this is physically impossible, and no one should take such a threat seriously.

You can also avoid consequences for simple misunderstandings. For example, you might have said something like, “Oh, shoot” during a road rage incident. Over the noise of traffic, someone might have heard the words “I’ll shoot you.” However, you can point out that this represents a miscommunication rather than a legitimate threat.

As with all criminal charges, prosecutors must establish your guilt beyond a reasonable doubt. If it’s the alleged victim’s word against yours, this may not satisfy the burden of proof – and your defense may be relatively straightforward.

Can a Defense Attorney in Fort Myers Help With Assault Allegations? 

If you have been accused of assault in Florida, consider speaking with a Fort Myers and Naples criminal defense lawyer. These legal professionals can explain when a verbal threat is illegal. They might also help you understand whether your comments were truly illegal, or whether they were merely offensive. To learn more about potential defense strategies, feel free to contact The Foley & Wilson Law Firm today.

Source:

 gulfcoastnewsnow.com/article/man-accused-threatening-kill-family-fort-myers-restaurant/65574148