Pumphrey Law Blog

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 5th District Court of Appeal ruled that a defendant was not guilty of aggravated assault as a matter of law on a victim who rolled under a truck to remain invisible to the defendant while the defendant was robbing the victim’s friends. In Florida, aggravated assault (Fla. Stat. 784.021) is a very serious felony offense. Though it is typically …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 1st District Court of Appeal affirmed a defendant’s conviction for second-degree murder – finding he acted with a “depraved mind” – before elaborating upon what this term actually means. In Florida, second-degree murder and attempted second-degree murder are very serious felonies. For someone to be guilty of second-degree murder, the State must establish all of the following beyond a …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 5th District Court of Appeal held that a juvenile raising a chair above her head as if to hit a “laughing” victim with it, before she was restrained, was aggravated assault with a deadly weapon. In Florida, aggravated assault is a very serious felony offense. Though it is usually a third-degree felony (up to 5 years in prison and …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 4th District Court of Appeal reversed a defendant’s conviction for second-degree murder, finding that he did have a “depraved mind” necessary to be guilty of the act when it occurred.  In Florida, second-degree murder and attempted second-degree murder are very serious felony offenses. For someone to be guilty of second-degree murder, the State must prove all of the following …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 1st District Court of Appeal found that a defendant was not guilty of constructively possessing ammunition in a bag that was in plain view – but closer to where his front seat passenger was sitting than he was – when neither confessed to owning the ammunition.   In Florida, actual possession and constructive possession are two “theories” the State …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 2nd District Court of Appeal reversed a defendant’s second-degree murder conviction, finding a lack of proof that he had a ‘depraved mind’ necessary to commit the offense when he killed the victim.  In Florida, second-degree murder and attempted second-degree murder are extremely serious felony offenses. For someone to be guilty of second-degree murder, the following elements must be proven …

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 …