Pumphrey Law Blog

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, aggravated assault (Fla. Stat. 784.21) is a very serious felony offense. It is punishable by up to 5 years in prison and a $5,000 fine. If done in furtherance of a riot or aggravated riot, or the victim belongs to a group listed under Fla. Stat. 784.07 (police, firefighters, EMTs, etc.), it is a second-degree felony punishable by …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s Stand Your Ground law (Fla. Stat. 776.012 and 776.013) is one of the state’s most widely recognized pieces of legislation, but is often misunderstood. Under law, someone is justified in using or threatening to use deadly force if it is: Reasonably believed to be necessary to prevent death or great bodily harm to yourself or another Reasonably believed to …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Aggravated assault is frequently charged in Florida when someone pulls out a firearm and threatens another person. However, just because someone subjectively believes they are being placed in danger does not necessarily mean an aggravated assault with a firearm has occurred. This raises the question – when is pulling a gun on someone aggravated assault in Florida? This blog will …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

One of the key elements in establishing aggravated assault is that the defendant had the apparent ability to carry out an unlawful threat of imminent violence. But what does “apparent ability” to carry out a threat truly mean in the context of aggravated assault charge? This blog will explore the answer to this question. In Florida, aggravated assault is a …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

A critical element of aggravated assault is that the actions were of a nature that a reasonable victim would develop a “well-founded fear” that unlawful violence was imminent. When people hear this, they typically ask two questions: What type of action is required to produce a well-founded fear of violence? Is this a subjective (the victim had to personally feel …

August 28, 2025 Don Pumphrey, Jr. Violent Crimes Social Share

In Florida, being charged with aggravated assault (Fla. Stat. 784.021) is very serious. Aggravated assault can occur in one of two ways – with a deadly weapon without intent to kill, or with an intent to commit a separate felony. It is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. Aggravated assault is …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, aggravated assault is a very serious criminal offense. If someone is charged, one of the most common questions is whether aggravated assault (Fla. Stat. 784.021) is a felony or a misdemeanor. The answer is that aggravated assault charges are always a felony in Florida. Aggravated assault can occur in one of two ways: Aggravated assault with a deadly …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, aggravated assault (Fla. Stat. 784.021) is a very serious felony offense. It is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. Aggravated assault can occur in one of two ways: Aggravated assault with the use of a deadly weapon without intent to kill  Aggravated assault with intent to commit a separate …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, someone may fire “warning shots” in response to an imminent threat of death or great bodily harm. These are shots that are not intended to kill or even injure a victim – but are instead fired to indicate that someone is armed and willing to use additional deadly force if this becomes truly necessary to defend themselves or …