Pumphrey Law Blog

August 1, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, aggravated assault (Fla. Stat. 784.021) and simple assault (without aggravating factors under Fla. Stat. 784.011) are similar offenses. However, there are also key differences between them. This blog will compare and contrast the crimes of aggravated assault and assault (simple assault) in Florida. Assault in Florida Assault is defined as an intentional, unlawful threat by word or act …

August 1, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, aggravated assault with a deadly weapon without intent to kill, or with the intent to commit a felony (Fla. Stat. 784.021) is a very serious criminal offense. It is typically charged as a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. If the aggravated assault occurs in furtherance of a riot or …

August 1, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

In Florida, DUI manslaughter and vehicular homicide are similar yet distinct offenses. Vehicular homicide (Fla. Stat. 782.071) involves the death of a victim caused by the defendant’s reckless operation of a motor vehicle. DUI manslaughter (Fla. Stat. 316.193(3)(c)(3)) occurs when the death of a victim is caused or contributed to by a driver operating a motor vehicle while under the …

August 1, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s HVFO law is not widely understood. But this law is a “big nasty” in sentencing for someone convicted of a felony after having been convicted of one or more prior enumerated violent felonies. HVFO (Habitual Violent Felony Reoffender) is a sentencing classification that permits the court to impose extended terms of imprisonment – including harsh mandatory minimum prison terms …

August 1, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, Prisoner Releasee Reoffender (PRR), Habitual Felony Offender (HFO) and Habitual Violent Felony Offender (HVFO) are sentencing enhancements under Fla. Stat. 775.082 and Fla. Stat. 775.084. These designations were created to impose harsh penalties upon certain defendants who are convicted of felonies and have previously been convicted of other felony offenses – especially in the recent past.  Even for …

August 1, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, Violent Career Criminal (VCC) and Habitual Violent Felony Offender (HVFO) are both sentencing designations under Fla. Stat. Section 775.084 for repeat felony offenders who are convicted of an additional violent felony. However, VCC and HVFO differ in terms of their criteria, penalties, and application. This blog will discuss the similarities and differences between VCC and HVFO in Florida, …

August 1, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI, News & Announcements Social Share

In Florida, DUI (driving under the influence) occurs when someone operates or is in actual physical control of a motor vehicle with a BAC of 0.08 or above, or when their normal faculties have been impaired by alcohol or any other substance.  But what happens when the impairment is caused by a drink that someone believed had no alcohol on …

August 1, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

In Florida, DUI is a serious criminal offense that may be punishable by jail or prison time, hefty fines, license suspensions, and more. But in some cases, a lesser “wet reckless” charge for what was originally charged as a DUI may be a viable alternative to a DUI conviction. This blog will discuss the elements of DUI and potential penalties, …

July 29, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, a new law recently took effect that increases the penalties for various vessel-related crimes and civil infractions. This blog will discuss HB 289/SB 628, popularly referred to as “Lucy’s Law,” which took effect on July 1, 2025. Lucy’s Law was signed by Governor Ron DeSantis in June 2025 – it took effect on July 1, 2025. The legislation …