Threatening or Harassing a Public Official in Miami

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

Who Is Covered

Law enforcement officers (including federal officers), state attorneys and assistant state attorneys, firefighters, judges and justices, general and special magistrates, child support enforcement hearing officers, administrative assistants and judicial assistants assigned to them, clerks of court and clerk personnel, and elected officials. For threats, family members of those officials are covered too.

What changed: a 2025 law, effective October 1, 2025, added general and special magistrates, child support enforcement hearing officers, and their administrative assistants to the list. Conduct before that date falls under the older version of the law.

What the State Must Prove

Threat to kill or do serious bodily harm (s. 836.12(2); Fla. Std. Jury Instr. (Crim.) 8.22(a), Elements):

1. You knowingly and willfully threatened to kill or do serious bodily harm to the person.
2. At the time, the person was one of the covered officials, or a family member of one.
3. At the time, you knew that.

The instruction defines "threatened" as communicating, by word or act, a serious expression of an intent to commit an act of violence to a particular person. The State does not have to prove you intended to carry out the threat.

Harassing an official to affect a lawful duty (s. 836.12(3); Instr. 8.22(b), Elements):

1. You knowingly and willfully harassed the official.
2. The person was a covered official.
3. You knew that.
4. You did it with the intent to intimidate or coerce the official to perform, or refrain from performing, a lawful duty.

"To intimidate" means the official would reasonably be in fear of harm because of your behavior. The instruction's notes say it is still unclear which definition of "harass" applies to this law.

Penalties

• Threat, first offense: first-degree misdemeanor (up to 1 year and a $1,000 fine).
• Threat, second or later offense: third-degree felony (up to 5 years and a $5,000 fine). In a jury trial, the prior conviction is usually decided separately, after the verdict on the new charge.
• Harassment to affect a lawful duty: first-degree misdemeanor.

Common Situations

• Statements made to officers during an arrest or in the back of a patrol car.
• Calls, emails, or posts aimed at a judge, magistrate, or prosecutor after a ruling.
• Heated comments to elected officials, online or at public meetings.

Defense Themes

• Protected speech. Criticism, protest, insults, and harsh political speech about public officials are generally protected by the First Amendment. A true threat is not, and context matters in telling them apart.
• Not a serious expression of intent. Words said in anger, fear, or intoxication may not be a serious expression of an intent to commit violence.
• Knowledge. The State must prove you knew the person's official role.
• Intent to affect a duty. For harassment, the State must prove you meant to intimidate or coerce the official about a lawful duty.

What to Do First

1. Stop all contact with the official and their office.
2. Do not delete posts or messages, and do not post about the case.
3. Do not explain yourself to investigators without a lawyer.

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

Is it a crime to criticize a judge or a police officer?

No. Criticism is protected. The crime is a knowing and willful threat of death or serious bodily harm, or harassment meant to intimidate or coerce an official about a lawful duty.

What if the official was a court employee?

Judicial assistants, administrative assistants, and clerk personnel are covered. Separate laws also cover tampering with or retaliating against court officials. See Tampering with a Court Official.