Pumphrey Law Blog

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary Florida’s 3rd District Court of Appeal ruled the defendant was entitled to Stand Your Ground immunity for aggravated assault after he believed home invaders were in his yard – even though these were actually FPL workers coming to disconnect his electricity. CASE: State v. Vino, 100 So.3d 716 (Fla. 3d DCA 2012) Charge(s): Aggravated Assault with a Deadly …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In a recent brief to Florida’s 1st District Court of Appeal, Florida’s Attorney General voiced the opinion that Florida’s law permanently prohibiting all felons from possessing firearms (unless they are pardoned or granted clemency) is UNCONSTITUTIONAL. In Florida, possession of a firearm by a convicted felon (Fla. Stat. 790.23) is a serious offense. For someone to be proven guilty of …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary Florida’s 4th District Court of Appeal ruled that under Florida’s Stand Your Ground law, the State failed to prove that a one-armed man punching his coworker was legally unjustified. CASE: Martin v. State, 414 So.3d 195 (Fla. 4th DCA 2025) Charge(s): Battery on a Person Over 65 Years of Age Outcome: Case DISMISSED under Florida’s Stand Your Ground …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary Florida’s 4th District Court of Appeal affirmed a defendant’s second-degree murder conviction, finding the evidence was sufficient as a matter of law to support the jury’s conclusion that the defendant acted with a ‘depraved mind.’ CASE: Henry v. State, 145 So.3d 924 (Fla. 4th DCA 2014)  Charge(s): Second-Degree Murder Outcome: Conviction AFFIRMED, as evidence clearly supported finding that …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary Florida’s 1st District Court of Appeal affirmed a trial judge’s order denying a defendant Stand Your Ground immunity after a fatal stabbing that he claimed was an effort to protect his sister. CASE: Swift v. State, 342 So.3d 852 (Fla. 1st DCA 2022) Charge(s): Second-Degree Murder Outcome: Stand Your Ground claim DENIED, as the evidence refuted the defendant’s …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary Florida’s 1st District Court of Appeal rejected a defendant’s claim that he was acting in lawful self-defense after he faced charges of aggravated battery with a deadly weapon and aggravated assault. CASE: Raulerson v. State, 409 So.3d 713 (Fla. 1st DCA 2025)  Charge(s): Aggravated Battery Outcome: Stand Your Ground claim DENIED, as evidence indicating the defendant did not …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary Florida’s 3rd District Court of Appeal reversed a defendant’s conviction for second-degree murder after he shot indiscriminately into a crowd surrounding his friend.  CASE: Sarduy v. State, 540 So.2d 203 (Fla. 3d DCA 1989)  Charge(s): Second-Degree Murder Outcome: Conviction REVERSED, as there was no evidence in the record that the defendant acted with a “depraved mind.” Second-Degree Murder …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary In a major case, Florida’s 2nd District Court of Appeal defined what constitutes a prima facie showing of Stand Your Ground immunity, which must be offered by the defendant before the burden shifts to the State to prove the use or threatened use of force was not legally protected. CASE: Jefferson v. State, 264 So.3d 1019 (Fla. 2d …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary Florida’s 4th District Court of Appeal concluded that a defendant charged with second-degree murder was immune from criminal prosecution, as the State failed to establish that he was not acting in self-defense when he shot and killed the alleged victim. CASE: Spencer v. State, 419 So.3d 654 (Fla. 4th DCA 2025)  Charge(s): Second-Degree Murder Outcome: Case DISMISSED pursuant …