Pumphrey Law Blog

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

A new ruling from a top Florida court provides additional insight into when immunity from prosecution is warranted when a defendant invokes Stand Your Ground. Stand Your Ground is one of Florida’s most widely discussed laws, but is not well understood. Florida’s Stand Your Ground law allows someone to use or threaten to use force, including deadly force, in self-defense, …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Battery is a very serious crime in Florida, but is sometimes misunderstood, as it is frequently confused with assault. This article explains what you need to know about battery in Florida, including the differences between assault and battery. In Florida, battery is a serious offense (Fla. Stat. 784.03). However, is it also among the most misunderstood crimes, as it is …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

The U.S. Supreme Court has ruled on two challenges to Florida’s jury laws – once in 1970, and once in 2024.  In Florida, many may believe that if they are arrested and tried for a criminal offense, they will receive a jury of twelve. However, this is not the case. Under Florida law, the vast majority of cases are tried …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s First District Court of Appeal rules that a confession from a defendant who claimed to have insomnia and to be under the influence of drugs was voluntarily given. What Are Miranda Rights? In Florida, someone must be read their Miranda rights before police subject them to custodial interrogation. Your Miranda rights include all of the following: The right to …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal rules that someone testifying to the value of property in a theft case must have “personal knowledge” of it, not simply agree with the State’s estimate. In Florida, the State must prove the value of allegedly stolen property beyond a reasonable doubt for a theft conviction. This blog will discuss a key new ruling …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 2nd District Court of Appeal rules that a confession to possessing drugs can lead to a conviction on a theory of constructive possession – even if no additional evidence besides the defendant’s proximity to the drugs is provided. In Florida, “constructive possession” is established when the State proves someone knew of an illegal item and had the ability to …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 5th District Court of Appeal rules that an explicit post-Miranda request for a lawyer, in certain contexts, does not always mean the police must immediately end questioning. In Florida, someone may (and should!) invoke their Miranda rights to remain silent and request an attorney if law enforcement reads them their rights.  Law enforcement in Florida must read Miranda before …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 4th District Court of Appeal shows friendliness to the idea of a twelve-person jury even in cases where death is not a possible penalty. If you’re facing criminal charges in Florida, you may assume a jury of twelve will decide your fate. But in most cases, that’s not true, and a recent major court ruling highlights why this issue …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 2nd District Court of Appeal rules that simply “carrying” a deadly weapon is insufficient for someone to be found guilty of aggravated assault with that weapon. In Florida, aggravated assault is a very serious felony offense. A common form of aggravated assault is aggravated assault with a firearm or deadly weapon, without intent to kill the victim.  For someone …