Pumphrey Law Blog

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

In Florida, possession of a controlled substance (illegal drugs) is generally a felony offense. But if someone is discovered with items that law enforcement connects with the use or intended use of the illegal substance(s), someone may also be charged with use or possession with intent to use drug paraphernalia (Fla. Stat, 893.147). Florida law defines drug paraphernalia as any …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, aggravated assault (Fla. Stat. 784.21) is a very serious felony offense. It is punishable by up to 5 years in prison and a $5,000 fine. If done in furtherance of a riot or aggravated riot, or the victim belongs to a group listed under Fla. Stat. 784.07 (police, firefighters, EMTs, etc.), it is a second-degree felony punishable by …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s Stand Your Ground law (Fla. Stat. 776.012 and 776.013) is one of the state’s most widely recognized pieces of legislation, but is often misunderstood. Under law, someone is justified in using or threatening to use deadly force if it is: Reasonably believed to be necessary to prevent death or great bodily harm to yourself or another Reasonably believed to …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, vehicular homicide (Fla. Stat. 782.071) and vessel homicide (Fla. Stat. 782.072) are very serious felony offenses. Both vehicular and vessel homicide are second-degree felonies, punishable by up to 15 years in prison and a $10,000 fine. They become a first-degree felony (up to 30 years in prison and a $10,000 fine) if either of the following is true: …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Aggravated assault is frequently charged in Florida when someone pulls out a firearm and threatens another person. However, just because someone subjectively believes they are being placed in danger does not necessarily mean an aggravated assault with a firearm has occurred. This raises the question – when is pulling a gun on someone aggravated assault in Florida? This blog will …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

It is commonly believed that the distinction between grand theft and petit theft in Florida is that grand theft occurs when the value of the allegedly stolen or misappropriated property is above $750. However, this goes out the window when it comes to theft of a firearm. Any theft of a firearm in Florida is considered grand theft. But what …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

One of the key elements in establishing aggravated assault is that the defendant had the apparent ability to carry out an unlawful threat of imminent violence. But what does “apparent ability” to carry out a threat truly mean in the context of aggravated assault charge? This blog will explore the answer to this question. In Florida, aggravated assault is a …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

A critical element of aggravated assault is that the actions were of a nature that a reasonable victim would develop a “well-founded fear” that unlawful violence was imminent. When people hear this, they typically ask two questions: What type of action is required to produce a well-founded fear of violence? Is this a subjective (the victim had to personally feel …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, burglary (Fla. Stat. 810.02) is a serious felony offense. It involves someone illegally entering or remaining a dwelling, structure or conveyance with the intent of committing a separate crime therein. Depending on the facts of the case, burglary charges range from a third-degree felony (up to 5 years in prison) to a first-degree felony punishable by life in …