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Threats Levied via Social Media Can Land You with a Felony Charge

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Venting online can land you in legal trouble if your words are taken as threats, say cybercrimes defense attorneys with Gainesville’s Law Offices of Edwards & Jones Criminal Defense.

Threats Levied via Social Media Can Land You with a Felony ChargeSocial media sites like Facebook and Twitter can be a sounding board for members’ interests, aggravations and downright anger. But if your online venting goes too far, it could land you in a legal trouble, criminal and computer crimes attorneys in Gainesville say.

A recent legal first, a Florida appeals court ruled that posting threats on one’s personal Facebook page is in fact a crime and can be prosecuted under state law. The case involved language in a Facebook posting by defendant Timothy Ryan O’Leary who was clearly upset over a female cousin’s same-sex relationship. O’Leary posted on his profile page that he would “bury” her and “tear the concrete up with your face and drag you back to your doorstep.”

Though the comments were posted on O’Leary’s personal profile page and were not visible to the cousin, a Duval County circuit judge ruled that the post met each of the three requirements of “sending written threats to kill or do bodily harm” law – a second-degree felony:

  • A person “writes or composes a threat to kill or do bodily injury;”
  • The person “sends or (arranges for) the sending of that communication to another person;” and
  • The “threat is to the recipient of the communication, or a member of his family.”

Defense attorneys argued that because O’Leary posted the comment on his own profile page, it did not constitute “sending.”They noted that the cousin learned of the post only when another family member alerted her to it. Both the trial judge and a three-judge appeals panel disagreed, denying O’Leary’s motion to appeal. O’Leary ultimately was sentenced to ten years in prison.

When venting online, it’s easy to let your emotions get out of hand, and your words can be interpreted in ways or to extents that you never intended. If you’re angry, it’s best to step away from the computer or put down your smartphone until your emotions have cooled. If something you post on Facebook or another social media site is taken as a threat, you’ll need an attorney experienced in criminal and cyber/computer crimes. Call Law Offices of Edwards & Jones Criminal Defense at 352.377.7800 and speak with a Gainesville cybercrimes lawyer today.

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  • Acquitted at Trial Felony Battery

    Felony

    Case Style: State of Florida vs. K.S.J.
    Case No. 01-2020-CF-3566-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including disposition of the case): Felony Battery – F.S. 784.03; Acquitted at trial of all charges

  • Acquitted at Trial Battery on a Person over 65 years of age

    Felony

    Case Style: State of Florida vs. M. J. F.
    Case No. 21-2022-CF-0044-A
    Court: Gilchrist County – Eighth Judicial Circuit

    Charges (including disposition of the case): Battery on a Person over 65 years of age – F.S. 784.08; Acquitted of all charges

  • Acquitted at Trial Trafficking in Methamphetamine

    Felony

    Case Style: State of Florida vs. C.R.B.
    Case No. DI-2021-CF-152-A
    Court: Suwannee County – Third Judicial Circuit

    Charges (including disposition of the case): Trafficking in Methamphetamine – F.S. 893.135(1)(F), Manufacturing Methamphetamine – F.S.893.13; Acquitted at trial of all charges

  • Acquitted at Trial DUI

    Criminal Traffic

    Case Style: State of Florida vs. C.E.L.
    Case No. 01-2022-CT-1419-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including disposition of the case): DUI – F.S. 316.193; Acquitted at trial of all charges

  • Acquitted at Trial Robbery

    Felony

    Case Style: State of Florida vs. E.C.G.
    Case No. 01-2022-CF-47-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including disposition of the case): Robbery – F.S. 812.13(1)(c); Acquitted of Robbery, convicted of lesser included offense of theft.

  • Sentenced Probation Possession Of Weapon By Conv. Felon
    Felony

    Case Style: State of Florida vs. I.P.
    Case No.: 2019-CF-0011
    Court: Lafayette County - Third Judicial Circuit

    Charges: Possession Of Weapon By Conv Felon - F.S. 790.23 - State Waived Mandatory Minimum Prison Sentence. Client Sentenced to Probation

  • Acquitted at Trial Possession of Cocaine
    Felony

    Case Style: State of Florida vs. J. J.
    Case No.: 2018-CF-3236
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Possession Of Cocaine - F.S. 893.13(6)(A) 01 - Acquitted at Trial

  • Withhold Of Guilt and Probation Lewd And Lascivious Battery On A Person Under 16
    Felony

    Case Style: State of Florida vs. T.P.
    Case No.: 2019-CF-0720
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Lewd And Lascivious Battery On A Person Under 16. Entered A Plea To Agg Assault W/ Intent To Commit Felony - F.S. 784.021(1)(B)- Withhold Of Guilt and Probation.

  • Charges Dismissed Burglary With Assault Or Battery
    Felony

    Case Style: State of Florida vs. P.R.
    Case No.: 2018-CF-3236
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Burglary With Assault Or Battery - F.S. 810.02(2)(A)- No Information. Charges Dismissed

  • Charges Reduced To Misdemeanor Battery
    Misdemeanor

    Case Style: State of Florida vs. F.S.
    Case No.: 2019-MM-0047
    Court: Gilchrist County - Eighth Judicial Circuit

    Charges: Battery - F.S. 784.03- Charges Reduced To Misdemeanor

  • Escape Charge Dismissed DUI & Escape
    Misdemeanor

    Case Style: State of Florida vs. K.S.
    Case No.: 2019-CT-0423
    Court: Alachua County - Eighth Judicial Circuit

    Charges: DUI & ESCAPE - F.S. 316.193(1) 04 - Escape Charge Dismissed

  • Charges Dismissed Homicide
    Felony

    Case Style: State of Florida vs. D.F.
    Case No.: 2018-CF-2799
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Homicide - F.S. 782.04(1)(A)(1) - No Information. Charges Dismissed

  • Charges Dismissed Sexual Battery
    Felony

    Case Style: State of Florida vs. K.S.
    Case No.: 01-2018-CF-0917-A
    Court: Alachua County - Eighth Judicial Circuit

    Charges (including the disposition of the case): Sexual Battery - F.S. 794.011(4)(b) - No Information, Charges Dismissed

  • Charges Dismissed Domestic Battery by Strangulation
    Felony

    Case Style: State of Florida vs. T.Y.
    Case No.: 63-2018-CF-0035-A
    Court: Union County - Eighth Judicial Circuit

    Charges (including the disposition of the case): Domestic Battery by Strangulation - F.S. 784.041 - No Information, Charges Dismissed, Aggravated Battery - F.S. 784.045(1)(a)(1) - No Information, Charges Dismissed

  • Charges Dismissed Attempted Murder First Degree Premeditated

    Felony

    Case Style: State of Florida vs. C.F.
    Case No.: 01-2018-CF-2192-A
    Court: Alachua County - Eighth Judicial Circuit

    Charges (including the disposition of the case): Attempted Murder First Degree Premeditated - F.S. 782.04(1)(a) - No Information, Charges Dismissed, Battery: Touch or Strike - F.S. 784.03(1)(a) - No Information, Charges Dismissed, Cruelty Toward Child: Abuse Without Great Bodily Harm - F.S. 827.03(2)(c) - No Information, Charges Dismissed

  • Charges Dismissed Sexual Battery
    Felony

    Case Style: State of Florida vs. D.B.
    Case No.: 42-2018-CF-3375-A
    Court: Marion County - Fifth Judicial Circuit

    Charges (including the disposition of the case): Sexual Battery - F.S. 794.011(4)(b) - No Information, Charges Dismissed

  • Charges Dismissed Lewd or Lascivious Molestation
    Felony

    Case Style: State of Florida vs. S. W.
    Case No.: 01-2018-CF-1591-A
    Court: Alachua County - Eighth Judicial Circuit

    Charges (including the disposition of the case): Lewd or Lascivious Molestation - F.S. 800.04 - No Information, Charges Dismissed

  • Charges Dismissed Sexual Battery
    Felony

    Case Style: State of Florida vs. W. R.
    Case No.: 42-2018-CF-4809-A
    Court: Marion County - Fifth Judicial Circuit

    Charges (including the disposition of the case): Sexual Battery - F.S. 794.011(8)(b) - No Information, Charges Dismissed

  • Charges Dismissed Domestic Battery
    Misdemeanor

    Case Style: State of Florida vs. R.G.
    Case No.: 01-2018-MM-664
    Court: Alachua County - Eighth Judicial Circuit

    Charges (including the disposition of the case): Domestic Battery - F.S 741.28 - No Information, Charges Dismissed

  • Charges Dismissed Assault
    Felony

    Case Style: State of Florida vs. T. H.
    Case No.: 2018-0618-CF
    Court: Putnam County - Seventh Judicial Circuit

    Charges (including the disposition of the case): Armed Trespassing - F.S 810.08(c), Assault - F.S 784.011 - No Information, Charges Dismissed

  • Charges Dismissed Grand Theft
    Felony

    Case Style: State of Florida vs. H.K.
    Case No.: 01-2017-CF-3318
    Court: Alachua County - Eighth Judicial Circuit

    Charges (including the disposition of the case): Grand Theft -F.S. 812.014(c), Nolle Prosequi, Charges Dismissed

  • Charges Dismissed First Degree Murder While Armed
    Felony

    Case Style: State of Florida vs. M.T.
    Case No.: 2015-426-CF-B
    Court: Taylor County - Third Judicial Circuit

    Charges (including the disposition of the case): First Degree Murder While Armed F.S.- 782.04(1)(a), Battery By Detainee F.S. 784.03 - Nolle Prosequi, Charges Dismissed

  • Charges Dismissed Battery on a Person over the 65 Years old
    Felony

    Case Style: State of Florida v S.S.
    Case No.: 2017-6661-CF
    Court: Columbia County - Third Judicial Circuit

    Charges: Battery on a Person over the 65 Years old F.S. 784.08(2)(c) - No Information, Charges Dismissed

  • Charges dropped Possession of Cocaine
    Felony

    Case Style: State of Florida v N.L.
    Case No: 2017-CF-544-A
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Possession of Cocaine - F.S. 893.13(6)(a), Possession of Narcotic Paraphernalia - F.S. 893.145 - Reduced to Misdemeanor Court, Entered into Pre-Trial Diversion and charges dropped.

  • Charges Dismissed Robbery
    Felony

    Case Style: State of Florida v R.B.
    Case No.: 2017-CF-165-A
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Robbery: 812.13(2)(c) - No Information, Charges Dismissed

  • Acquitted at Trial Robbery: Sexual Battery By a Person in Familial or Custodial Authority
    Felony

    Case Style: State of Florida v W.P.
    Case No.: 2016-CF-570
    Court: Marion County - Fifth Judicial Circuit

    Charges: Robbery: Sexual Battery By a Person in Familial or Custodial Authority - F.S. 794.011(8)(b) - Acquitted at Trial

  • Pre Trial Intervention Possession of Cocaine
    Felony

    Case Style: State of Florida vs. C.J.
    Case No.: 2019-CF-0140
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Possession of Cocaine - F.S. 812.131(2)(B)- Pre Trial Intervention

  • Hung Jury at Trial – Mistrial Conspiracy to Commit Robbery with Firearm
    Jury Trial - Felony

    Case Style: State of Florida vs. C. C.
    Case No.: 01-2011-CF-1198-B
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including the disposition of the case): Robbery with Firearm – F.S. 812.13(2)(A); Conspiracy to Commit Robbery with Firearm – F.S. 812.13(2)(A); Hung Jury at Trial – Mistrial.

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    Jury Trial - Felony

    Case Style: State of Florida vs. J. H.
    Case No.: 01-2010-CF-2255-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including the disposition of the case): Aggravated Battery on Pregnant victim – F.S. 784.045(1)(B) – Acquitted at trial

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    Jury Trial - Misdemeanor

    Case Style: State of Florida vs. A. R.
    Case No.: 01-2009-MM-6725-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including the disposition of the case): Three counts of Domestic Battery – F.S. 784.03(1a1); Acquitted at Trial of all charges.

  • Acquitted at Trial of all charges. Trafficking in Methamphetamine

    Jury Trial - Felony

    Case Style: State of Florida vs. K. H.
    Case No.: 01-2008-CF-1725-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including the disposition of the case): Trafficking in Methamphetamine – F.S. 893.135(1)(F); Acquitted at Trial of all charges.

  • Acquitted at Trial of all charges. Battery
    Jury Trial - Misdemeanor

    Case Style: State of Florida vs. W. W.
    Case No.: 01-2007-MM-9791-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including the disposition of the case): Battery – F.S. 784.03; Acquitted at Trial of all charges.

  • Acquitted at Trial of all charges. Sexual Battery of Child
    Jury Trial - Felony

    Case Style: State of Florida vs. D. R.
    Case No.: 38-2007-CF-744-A
    Court: Levy County – Eighth Judicial Circuit

    Charges (including the disposition of the case): Lewd or Lascivious Molestation of Child > 12 – F.S. 800.04(5b); Sexual Battery of Child > 12 by Custodian – F.S. 794.011(8b) – Acquitted at Trial of all charges.

  • Charges Dismissed Petit Theft
    Misdemeanor

    Case Style: State of Florida vs. C.L
    Case No.: 2019-MM-1908
    Court: Marion County - Fifth Judicial Circuit

    Charges: PETIT THEFT - F.S. 812.014 - Deferred Prosecution Agreement. Charges Dismissed.