Jacksonville police arrested Mark Daryl Chan, who lives less than 300 feet from Englewood Elementary, where police said he threatened to attack and shoot up the students at the elementary school. He was located Friday at Baptist Medical Center Downtown, where he was receiving mental health treatment, for which he has a history, the reports said. Police said he denied owning a firearm.
Many times, those accused of Jacksonville criminal threat charges have misperceptions and concerns for their freedom. Often, the individual charged is accused of making a threat by someone they know, even a family member. Threat charges majorly depend on who said what to whom, the case may seem like a “he said, she said” situation, making one confused as to how to handle the charge or where to turn.
Florida Statute 784.048 defines a “credible threat.” Credible threats may be made verbally, in writing, or via electronic communications like telephone, e-mail, or texting. In some situations, a threat may be “credible” even if it is not made in words. A “credible threat” in Florida is a statement or behavior that:
– causes the threatened person to reasonably fear for his or her safety or the safety of the person’s family or loved ones, and
– appears to be one that the person making the threat can actually carry out.
A threat may be a “credible threat” under Florida law even if one does not actually intend the threat to be carried out or is incarcerated. The subjective mind and impression made on the person who receives the threat matters; the intentions of the accused are considered irrelevant.
Many times, threats of harm may be made against an individual or group, the property in question, and/or the family or friends of the victim of the crime for the purpose of gaining property. However, making threats is not limited to physical threats, sometimes being what is referred to as extortion. According to Florida Statute Section 836.05, extortion occurs when one maliciously threatens another. This Florida statute prohibits threatening to:
– expose a detrimental secret of another;
– accuse another of a crime;
– injure a person, his reputation or property
– attribute a deformity or lack of chastity of another or
– render another to disgrace
In order to be properly convicted of extortion, the State must prove one committed one of the actions listed above with the intent to:
– compel another to commit an act or abstain from committing an act against his will, or
– extort money or gain a financial advantage
Even though many are guilty of extortion, many times, the accused is the actual victim of a false accusation. In many common situations where pets or children’s belongings are stolen, the accused is merely the good neighbor who wants to help and is wrongfully accused. Other times, denial of reward money existing for the lost item, in order to save face, is the cause of an extortion claim. As simple as the start of a claim like this may be, the end will be the biggest complication for all.
When one has been charged with committing a crime like this, one has only one choice that one should feel they have to make. One should obtain an experienced Jacksonville criminal threat crimes defense attorney who has the trial experience and knowledge to properly defend one’s innocence.
The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for years and are here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one require a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.
Additional Source:Law & Disorder: Man arrested after threat made against elementary school, The Florida Times Union