Pumphrey Law Blog

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 …

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

In Florida, aggravated assault is a very serious felony offense. Under Fla. Stat. 784.021, there are two kinds of aggravated assault: Aggravated assault with a deadly weapon (such as a firearm) Aggravated assault with the intent to commit a separate felony Aggravated assault is typically punishable by up to 5 years in prison and a $5,000 fine, as it is …

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

Florida’s 1st District Court of Appeal affirmed a guilty verdict against a juvenile for murder, despite concerns that his Miranda rights were violated during interrogation. In Florida, someone must be advised of their Miranda rights before being subject to custodial interrogation. Per the U.S. Supreme Court’s landmark decision, Miranda v. Arizona, 384 U.S. 436 (1966), these include: The right to …

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

Under Florida law, all capital felonies require the impanelment of a 12-person jury. But a 1984 Florida Supreme Court ruling creates an exception to this rule that continues to be debated. In Florida, the vast majority of criminal cases are tried by juries composed of six members. In both felony and misdemeanor cases, Florida’s jury laws require just half a …

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

A top Florida court ruled that a defendant convicted of aggravated assault with a firearm could not be sentenced to 20 years in prison for discharging it, despite the 10-20-Life law. Learn why. In Florida, aggravated assault charges are very serious. Under Fla. Stat. 784.021, there are two types of aggravated assault: Aggravated assault with a deadly weapon (e.g. a …

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 …