Pumphrey Law Blog

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Two cases from Florida’s 4th District Court of Appeal provide a comprehensive explanation of when pointing a gun – without firing it – constitutes the use or threatened use of deadly force (as opposed to non-deadly force) in Florida. In Florida, aggravated assault with a deadly weapon is a very serious offense. Aggravated assault is typically punishable by up to …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 3rd District Court of Appeal ruled that a police officer telling a suspect that witnesses placed him at a crime scene was a deliberate tactic to get the suspect to waive his right to remain silent after the suspect had already invoked it – making his subsequent confession inadmissible. In Florida and throughout the United States, Miranda rights are …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 4th District Court of Appeal ruled that a trial judge’s immediate excusal of 2 potential jurors who indicated potential favorability to the defense, without giving the defendant a chance to “rehabilitate” those potential jurors, was reversible error. In Florida, jury selection (also known as voir dire) is a critical part of any criminal trial. The objective of jury selection …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 5th District Court of Appeal held that because there was a ‘temporal break’ between the defendant’s two alleged solicitations of a fictional minor, only one of which led to traveling to meet the minor, the defendant’s solicitation conviction did not have to be vacated. In Florida, solicitation of a minor online for unlawful sexual activity (Fla. Stat. 847.0135(3)) is …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal ruled that testimony of a defendant’s family members in a traveling to meet a minor case, corroborating that the defendant had been abused and would not target minors for sex, was irrelevant to determining predisposition when the defendant claimed entrapment. In Florida, solicitation of a minor (Fla. Stat. 847.0135(3)) and traveling to meet a …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 4th District Court of Appeal ruled that the jury in an aggravated assault case should have received an instruction on non-deadly force, as there was some evidence in the record that supported the defendant’s claim that he felt threatened when he flashed a gun at a process server. In Florida, aggravated assault (Fla. Stat. 784.021(1)(a) and (1)(b)) is a …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 2nd District Court of Appeal reversed a defendant’s murder conviction after the trial judge failed to excuse a juror who took a multi-week forensic science course taught by the lead detective in the case. In Florida, jury selection (also known as voir dire) is a significant part of any criminal trial. The importance of jury selection is hard to …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 3rd District Court of Appeal reversed a man’s second-degree murder conviction, as he did not act with a ‘depraved mind’ when he struck the victim with a stick in self-defense, causing bleeding that led to the victim’s death. In Florida, second-degree murder and attempted second-degree murder are very serious offenses. Second-degree murder is a first-degree felony, punishable by up …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 3rd District Court of Appeal reversed a trial judge’s dismissal of a vehicular homicide charge against a police officer, finding that the State presented a “prima facie” case that she drove recklessly and caused the victim’s death. In Florida, vehicular homicide (Fla. Stat. 782.071) is a very serious felony offense. It is typically considered a second-degree felony, punishable by …