Pumphrey Law Blog

December 19, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 4th District Court of Appeal affirmed a guilty verdict returned against a defendant for attempted second-degree murder – but the court acknowledged it was a ‘close case.’ In Florida, attempted second-degree murder is a very serious offense. It is typically charged as a second-degree felony, but it carries even more serious potential penalties if a firearm is involved. For …

December 19, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 2nd District Court of Appeal outlined various factors courts should consider when evaluating whether a defendant is guilty of vehicular homicide as a matter of law.  In Florida, vehicular homicide (Fla. Stat. 782.071) is a very serious felony offense. It is typically considered a second-degree felony (up to 15 years in prison and a $10,000 fine). However, it can …

December 19, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 3rd District Court of Appeal reversed the finding of a judge who mistakenly believed a defendant’s motion to dismiss pursuant to Florida’s Stand Your Ground law had to be sworn to like a Rule 3.190(c)(4) motion to dismiss. In Florida, Stand Your Ground is a well-known statute that permits defendants to use or threaten deadly force when this is …

December 19, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 1st District Court of Appeal ruled that a driver who sped through multiple red lights, swerved through traffic and executed illegal turns could be found guilty of vehicular homicide. In Florida, vehicular homicide (Fla. Stat. 782.071) is a very serious felony offense. For someone to be guilty, the State must prove all of the following beyond a reasonable doubt: …

December 19, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 3rd District Court of Appeal ruled that a defendant lawfully used force with a firearm after believing he was in danger of death or serious bodily harm – and that he did not have a duty to warn his attacker he was armed. Florida’s “Stand Your Ground” law provides key legal protections for those who reasonably act in self-defense, …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 5th District Court of Appeal found a defendant convicted of attempted second-degree murder and sentenced to 30 years in prison was not entitled to have a 12-person jury decide his case.  In Florida, the vast majority of criminal cases are heard and decided by six-person juries. Florida is one of only two states that continues to rely upon juries …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Over the last few decades, the question of what prosecutors must prove to convict someone of aggravated assault has had a changing answer, according to Florida’s top courts. In Florida, aggravated assault is a very serious offense (Fla. Stat. 784.021). For someone to be guilty, the State must prove all of the following beyond a reasonable doubt: The defendant made …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 4th District Court of Appeal ruled that because law enforcement misled a defendant as to when he had the right to an attorney, his post-Miranda confession at trial was wrongly used against him, requiring reversal of his conviction. In Florida and throughout the U.S., a suspect must be notified of their Miranda rights before they are subject to custodial …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 2nd District Court of Appeal affirmed a defendant’s second-degree murder conviction, even though his Miranda rights were violated and his confession was wrongly used against him at trial. In Florida and throughout the United States, someone must be advised of their Miranda rights before they are subject to custodial interrogation. Per the U.S. Supreme Court’s landmark ruling in Miranda …