Mailing Threatening Communications in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

Ransom Demand by Mail (§ 876(a); Pattern Instr. O31.1)

What the Government must prove (Elements):

1. The defendant knowingly sent, or caused to be sent, through the U.S. mail a demand or request for a ransom or reward for a kidnapped person's release.
2. The defendant did so with the intent to extort money or some other thing of value.

The Government does not have to prove the defendant took part in a kidnapping or got anything. Penalty: up to 20 years.

Extortionate Threat to Kidnap or Injure (§ 876(b); Pattern Instr. O31.2)

What the Government must prove (Elements): the defendant knowingly used the U.S. mail to send a message containing a true threat to kidnap any person or injure another person, with the intent to extort money or something else of value. Penalty: up to 20 years.

Threat to Kidnap or Injure (§ 876(c); Pattern Instr. O31.3)

What the Government must prove (Elements):

1. The defendant knowingly used the U.S. mail to send a true threat to kidnap any person or injure another person.
2. The defendant sent it with the intent to communicate a true threat, or with the knowledge that it would be viewed as a true threat.

No intent to extort is required. Penalty: up to 5 years, or up to 10 years if the letter is addressed to a U.S. judge, a federal law enforcement officer, or an official covered by 18 U.S.C. § 1114.

Extortionate Threat to Property or Reputation (§ 876(d); Pattern Instr. O31.4)

What the Government must prove (Elements): the defendant knowingly used the U.S. mail to send a true threat to damage someone's property or reputation, or to accuse someone of a crime, with the intent to extort money or something else of value. Penalty: up to 2 years, or up to 10 years if addressed to a U.S. judge, a federal law enforcement officer, or an official covered by § 1114.

What a "True Threat" Means

Under the three threat instructions (O31.2 to O31.4), a true threat is a serious threat, not idle talk, a careless remark, or something said jokingly, made under circumstances that would place a reasonable person in fear of the harm described. The Government does not have to prove the defendant intended to carry it out. "Intent to extort" means the purpose of getting money or something of value from someone who consents because of the threat (or, for ransom, because of fear or the wrongful use of force).

Federal judges also consider the advisory U.S. Sentencing Guidelines.

Defense Themes

• Was it a true threat? Angry, crude, or hyperbolic writing is not automatically a serious threat.
• Mental state. For § 876(c), the Government must prove intent to communicate a threat or knowledge it would be seen as one.
• Intent to extort. For (a), (b), and (d), the Government must prove the purpose of getting something of value.
• Who wrote and mailed it. Handwriting, fingerprints, DNA, and mail records are tested, not assumed.
• The mail element. The statute is about the Postal Service.

What to Do First

1. Do not send more letters or messages to anyone involved.
2. Do not talk to postal inspectors or other agents without a lawyer.
3. Call us.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Does an email count under § 876?

Section 876 is written about the Postal Service. Threats sent by phone or online between states may be charged under a different law. See Federal Interstate Threats.

Do I have to have meant it?

The Government does not have to prove you planned to carry it out, but it must prove a true threat and the required mental state.