Pumphrey Law Blog

October 30, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

A top Florida court recently upheld a murder conviction – ruling that the defendant’s Miranda rights were not violated because even though she was not read them before she confessed, she was not in police custody at the time. In Florida and throughout the U.S., someone must be advised of their Miranda rights before they are subject to custodial interrogation …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

A major ruling by Florida’s 1st District Court of Appeal clarifies the meaning of “deadly weapon” in the context of aggravated assault charges. In Florida, aggravated assault with a deadly weapon is a very serious crime. Under Fla. Stat. 784.021, the State must prove all of the following beyond a reasonable doubt for someone to be guilty: The defendant made …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Violent Crimes Social Share

In Florida, only six people (not twelve) are required for the impanelment of a jury in most criminal cases. This has been state law for decades, and it was upheld in the U.S. Supreme Court’s 1970 decision, Williams v. Florida, 399 U.S. 78 (1970). The exception to this is in capital cases. If someone is charged with a capital felony …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida and throughout the United States, the Sixth Amendment’s Confrontation Clause gives defendants in criminal cases the right to confront their accusers and challenge evidence against them. If someone’s confrontation rights are violated, this can be grounds for the reversal of a trial verdict, depending on what occurred. The view Florida’s courts currently have of the Confrontation Clause originates …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Vehicular homicide in Florida involves the killing of any human being, including an unborn child, caused by the reckless operation of a motor vehicle. It is a very serious felony. In Florida, vehicular homicide (Fla. Stat. 782.071) is a very serious criminal offense. However, it is sometimes misunderstood by even those who are relatively well-acquainted with the state’s criminal laws. …

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

In Oquendo v. State, the Florida Supreme Court ruled that PTSD and similar mental health evidence may be admissible to establish the reason for someone’s fear of violence that preceded their use of force.  For years, Florida’s District Courts of Appeal have been in conflict regarding a key aspect of the state’s Stand Your Ground law. Now, that conflict has …

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, 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 …