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Pumphrey Law Blog

Category: Violent Crimes

Aggravated Assault vs. Aggravated Battery in Florida

August 28, 2025 Criminal Defense, Violent Crimes

In Florida, aggravated assault (Fla. Stat. Section 784.021) and aggravated battery (Fla. Stat. Section 784.045) are very serious felony offenses. Aggravated assault with a deadly weapon without intent to kill or with intent to commit a felony is a third-degree felony (punishable by up to 5 years in prison and a $5,000 fine). Aggravated battery is a second-degree felony (punishable …

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When is a Firearm Constructively Possessed by a Convicted Felon?

August 28, 2025 Criminal Defense, Violent Crimes

In Florida, possession of a firearm by a convicted felon is unlawful under Fla. Stat. Section 790.23. That statute also prohibits someone convicted of a felony from having ammunition, or electric weapons or devices (such as tasers) in their care, custody, or control. The penalties for possession of a firearm by a convicted felon are very serious. Possession of a …

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What is Considered a Deadly Weapon in Florida?

August 28, 2025 Criminal Defense, Violent Crimes

In Florida, many people believe the definition of a deadly weapon for purposes of aggravated assault and other violent crimes, such as aggravated battery, to be quite narrow. A “deadly weapon” clearly includes objects like guns or knives – but it is widely believed to end there. However, when it comes to charging offenses involving a deadly weapon in Florida, …

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Can I Be Charged With Aggravated Assault in Florida Without Causing Injury?

August 28, 2025 Criminal Defense, Violent Crimes

In Florida, aggravated assault (Fla. Stat. 784.021) is a very serious criminal offense. It is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine, enhanceable to a second-degree felony punishable by up to 15 years and a $10,000 fine if done in furtherance of a riot or aggravated riot. There are two ways aggravated …

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Recklessness for Vehicular and Vessel Homicide in Florida: What to Know

August 26, 2025 Criminal Defense, Violent Crimes

In Florida, vehicular and vessel homicide are both very serious felony offenses with nearly identical elements. For someone to be convicted of vehicular homicide (Fla. Stat. 782.071) or vessel homicide (Fla. Stat. 782.072), their reckless operation of a vehicle or vessel must cause the death of a victim or their unborn child. Whether a defendant’s operation of a vehicle or …

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Simple Assault vs. Aggravated Assault in Florida

August 1, 2025 Criminal Defense, Violent Crimes

In Florida, aggravated assault (Fla. Stat. 784.021) and simple assault (without aggravating factors under Fla. Stat. 784.011) are similar offenses. However, there are also key differences between them. This blog will compare and contrast the crimes of aggravated assault and assault (simple assault) in Florida. Assault in Florida Assault is defined as an intentional, unlawful threat by word or act …

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Aggravated Assault vs. Attempted Homicide in Florida

August 1, 2025 Criminal Defense, Violent Crimes

In Florida, aggravated assault with a deadly weapon without intent to kill, or with the intent to commit a felony (Fla. Stat. 784.021) is a very serious criminal offense. It is typically charged as a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. If the aggravated assault occurs in furtherance of a riot or …

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Attempted Second Degree Murder vs. Attempted Manslaughter by Act in Florida

July 18, 2025 Criminal Defense, Violent Crimes

In Florida, attempted second-degree murder and attempted manslaughter by act are both very serious offenses. Attempted second-degree murder (Fla. Stat. Sections 782.04(2) and 777.04) is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine. Attempted manslaughter by act (Fla. Stat. Sections 782.07 and 777.04) is a third-degree felony punishable by up to 5 years …

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Vehicular Homicide vs. Vessel Homicide in Florida: What to Know

July 18, 2025 Criminal Defense, Violent Crimes

In Florida, vehicular and vessel homicide are very similar criminal offenses. However, there are also key differences between them. This blog will discuss elements, potential penalties, and legal defenses to vehicular and vessel homicide charges in Florida. Vehicular Homicide Vehicular homicide (Fla. Stat. Section 782.071) is the killing of a human being (or unborn child by injury to the mother) …

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