Accused of Threatening My Spouse in Fort Myers: What Are My Penalties?

Misunderstandings between family members are all too common in Florida, and sometimes these incidents involve our spouses. Although you might know that your alleged “threat” was just a misunderstanding, your spouse and the criminal courts may feel differently. How can you prove that they have the wrong idea about this incident? What penalties could you face, and can an experienced domestic violence lawyer in Fort Myers help?

What “Counts” as a Threat in Florida?

It is important to remember that Florida uses the word “assault” to describe threats. Although you might assume that an “assault” involves physical violence, this is not the case in Florida. In the Sunshine State, an assault is an intentional, unlawful threat by word or act.

In order to face charges for assault in Florida, your threat must involve potential violence. You must also have the ability to carry out your threat, and your words or acts must create a “well-founded fear” for your spouse. Finally, the violence that you’re allegedly threatening to commit must be imminent.

Does a Threat Count as Domestic Violence in Florida?

Florida law states that an assault (threat) against your spouse falls under the category of domestic violence. You may also face domestic violence charges if you threaten any of your household members. This is important because domestic violence charges can lead to unique consequences for people in Fort Myers.

You might face a restraining order that prevents you from visiting your own home or coming into contact with your spouse and children. A domestic violence conviction can also rob you of various rights, including your right to bear arms under the Second Amendment.

What Are the Penalties for Threatening Your Spouse in Florida?

A threat against your spouse might lead to “simple assault” charges and a jail sentence of up to 24 hours. However, domestic violence may add to these penalties in various ways. You might face a mandatory minimum jail sentence, for example. Excessive fines are also possible.

How Do I Fight Allegations That I Threatened My Spouse?

Prosecutors must prove your guilt beyond a reasonable doubt. This is not always easy, especially if you and your spouse had a private altercation with no one else listening or watching. If it’s their word against yours, this may not satisfy the burden of proof, and you may walk free.

You can also show that you had no ability to carry out the threat in question. For example, you might have jokingly told your spouse that you’re going to fire a nuclear warhead at their face. If you do not possess a nuclear warhead, then you obviously do not have the ability to carry out the threat.

Can a Fort Myers Domestic Violence Lawyer Help Me? 

If you face allegations of threatening your spouse, your penalties might be relatively severe. Even if you never actually came into physical contact with your ex, the courts may define threatening behavior as a form of domestic violence. With help from a Fort Myers domestic violence lawyer, you may be able to push back against these allegations. Discuss your next steps with The Foley & Wilson Law Firm today.

Sources: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.048.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.011.html